093_SB1379ham003











                                     LRB093 10331 LRD 16397 a

 1                    AMENDMENT TO SENATE BILL 1379

 2        AMENDMENT NO.     .  Amend Senate Bill 1379, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5. The Illinois Procurement Code is  amended  by
 6    adding Section 50-12 as follows:

 7        (30 ILCS 500/50-12 new)
 8        Sec. 50-12.  Environmental Protection Act violations.
 9        (a)  Unless  otherwise  provided,  no  person or business
10    found by a court or  the  Pollution  Control  Board  to  have
11    committed a willful or knowing violation of Section 42 of the
12    Environmental Protection Act shall do business with the State
13    of  Illinois  or  any State agency from the date of the order
14    containing the finding of violation until 5 years after  that
15    date,  unless  the person or business can show that no person
16    involved in the violation continues to have  any  involvement
17    with the business.
18        (b)  A  person  or  business  otherwise barred from doing
19    business with the State of Illinois or any State agency under
20    subsection (a) may be allowed to do business with  the  State
21    of  Illinois or any State agency if it is shown that there is
22    no practicable alternative to the State to  contracting  with
 
                            -2-      LRB093 10331 LRD 16397 a
 1    that person or business.
 2        (c)  Every  bid submitted to and contract executed by the
 3    State  shall  contain  a  certification  by  the  bidder   or
 4    contractor  that  the bidder or contractor is not barred from
 5    being awarded a contract under  this  Section  and  that  the
 6    contractor acknowledges that the contracting State agency may
 7    declare  the  contract  void  if  the certification completed
 8    pursuant to this subsection (c) is false.

 9        Section 10.  The Environmental Protection Act is  amended
10    by changing Sections 39 and 42 as follows:

11        (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
12        Sec. 39. Issuance of permits; procedures.
13        (a)  When  the  Board has by regulation required a permit
14    for the construction, installation, or operation of any  type
15    of  facility,  equipment,  vehicle,  vessel, or aircraft, the
16    applicant shall apply to the Agency for such  permit  and  it
17    shall  be  the duty of the Agency to issue such a permit upon
18    proof by the applicant that the facility, equipment, vehicle,
19    vessel, or aircraft will not cause a violation of this Act or
20    of  regulations  hereunder.   The  Agency  shall  adopt  such
21    procedures as are necessary to carry  out  its  duties  under
22    this   Section.   In  making  its  determinations  on  permit
23    applications under this Section granting permits  the  Agency
24    may  consider  prior adjudications of noncompliance with this
25    Act by the applicant that involved a release of a contaminant
26    into the environment.  In granting permits,  the  Agency  may
27    impose  reasonable  conditions  specifically  related  to the
28    applicant's  past  compliance  history  with  this   Act   as
29    necessary  to correct, detect, or prevent noncompliance.  The
30    Agency may impose such other conditions as may  be  necessary
31    to  accomplish  the  purposes  of  this  Act,  and as are not
32    inconsistent with the regulations promulgated  by  the  Board
 
                            -3-      LRB093 10331 LRD 16397 a
 1    hereunder.  Except  as otherwise provided in this Act, a bond
 2    or other security shall not be required as  a  condition  for
 3    the  issuance  of  a permit.  If the Agency denies any permit
 4    under  this  Section,  the  Agency  shall  transmit  to   the
 5    applicant   within  the  time  limitations  of  this  Section
 6    specific, detailed statements as to the  reasons  the  permit
 7    application  was  denied.  Such statements shall include, but
 8    not be limited to the following:
 9             (i)  the Sections of this Act which may be  violated
10        if the permit were granted;
11             (ii)  the  provision of the regulations, promulgated
12        under this Act, which may be violated if the permit  were
13        granted;
14             (iii)  the  specific  type  of  information, if any,
15        which the Agency deems the applicant did not provide  the
16        Agency; and
17             (iv)  a  statement  of  specific reasons why the Act
18        and the regulations might not be met if the  permit  were
19        granted.
20        If  there is no final action by the Agency within 90 days
21    after the filing of the application for permit, the applicant
22    may deem the permit issued;  except  that  this  time  period
23    shall be extended to 180 days when (1) notice and opportunity
24    for  public  hearing  are required by State or federal law or
25    regulation, (2) the application which was filed  is  for  any
26    permit  to develop a landfill subject to issuance pursuant to
27    this subsection, or (3) the application that was filed is for
28    a MSWLF unit required to issue public notice under subsection
29    (p) of Section 39.  The 90-day and 180-day time  periods  for
30    the  Agency to take final action do not apply to NPDES permit
31    applications under subsection (b) of this  Section,  to  RCRA
32    permit  applications under subsection (d) of this Section, or
33    to UIC permit  applications  under  subsection  (e)  of  this
34    Section.
 
                            -4-      LRB093 10331 LRD 16397 a
 1        The  Agency  shall  publish  notice  of  all final permit
 2    determinations for development permits for  MSWLF  units  and
 3    for  significant  permit modifications for lateral expansions
 4    for existing MSWLF units one time in a newspaper  of  general
 5    circulation in the county in which the unit is or is proposed
 6    to be located.
 7        After  January  1, 1994 and until July 1, 1998, operating
 8    permits issued under this Section by the Agency  for  sources
 9    of air pollution permitted to emit less than 25 tons per year
10    of any combination of regulated air pollutants, as defined in
11    Section  39.5  of  this  Act, shall be required to be renewed
12    only upon written  request  by  the  Agency  consistent  with
13    applicable provisions of this Act and regulations promulgated
14    hereunder.   Such  operating  permits  shall  expire 180 days
15    after the date of such a request.  The Board shall revise its
16    regulations for the existing State  air  pollution  operating
17    permit  program  consistent with this provision by January 1,
18    1994.
19        After June 30, 1998, operating permits issued under  this
20    Section  by  the Agency for sources of air pollution that are
21    not subject to Section 39.5 of this Act and are not  required
22    to  have a federally enforceable State operating permit shall
23    be required to be renewed only upon written  request  by  the
24    Agency  consistent with applicable provisions of this Act and
25    its rules.  Such operating  permits  shall  expire  180  days
26    after  the  date  of such a request. Before July 1, 1998, the
27    Board shall revise its  rules  for  the  existing  State  air
28    pollution  operating  permit  program  consistent  with  this
29    paragraph  and  shall  adopt  rules  that require a source to
30    demonstrate  that  it  qualifies  for  a  permit  under  this
31    paragraph.
32        (b)  The Agency may issue NPDES permits exclusively under
33    this subsection for the discharge of contaminants from  point
34    sources  into navigable waters, all as defined in the Federal
 
                            -5-      LRB093 10331 LRD 16397 a
 1    Water Pollution Control Act, as  now  or  hereafter  amended,
 2    within the jurisdiction of the State, or into any well.
 3        All   NPDES   permits   shall  contain  those  terms  and
 4    conditions,  including  but  not  limited  to  schedules   of
 5    compliance,  which may be required to accomplish the purposes
 6    and provisions of this Act.
 7        The Agency may issue general NPDES permits for discharges
 8    from categories of point sources which  are  subject  to  the
 9    same  permit limitations and conditions. Such general permits
10    may be  issued  without  individual  applications  and  shall
11    conform  to  regulations promulgated under Section 402 of the
12    Federal Water Pollution Control  Act,  as  now  or  hereafter
13    amended.
14        The  Agency  may include, among such conditions, effluent
15    limitations and other  requirements  established  under  this
16    Act,  Board  regulations, the Federal Water Pollution Control
17    Act, as now or hereafter amended,  and  regulations  pursuant
18    thereto,  and schedules for achieving compliance therewith at
19    the earliest reasonable date.
20        The Agency shall adopt filing requirements and procedures
21    which are necessary and appropriate for the issuance of NPDES
22    permits, and which are consistent with the Act or regulations
23    adopted by the Board, and with the  Federal  Water  Pollution
24    Control  Act,  as  now  or hereafter amended, and regulations
25    pursuant thereto.
26        The Agency,  subject  to  any  conditions  which  may  be
27    prescribed  by  Board regulations, may issue NPDES permits to
28    allow discharges beyond deadlines established by this Act  or
29    by  regulations  of  the  Board  without the requirement of a
30    variance, subject to the Federal Water Pollution Control Act,
31    as  now  or  hereafter  amended,  and  regulations   pursuant
32    thereto.
33        (c)  Except  for  those  facilities  owned or operated by
34    sanitary districts organized  under  the  Metropolitan  Water
 
                            -6-      LRB093 10331 LRD 16397 a
 1    Reclamation  District  Act,  no permit for the development or
 2    construction of a  new  pollution  control  facility  may  be
 3    granted  by  the Agency unless the applicant submits proof to
 4    the Agency  that  the  location  of  the  facility  has  been
 5    approved  by  the  County  Board  of  the  county  if  in  an
 6    unincorporated   area,   or   the   governing   body  of  the
 7    municipality when in  an  incorporated  area,  in  which  the
 8    facility  is to be located in accordance with Section 39.2 of
 9    this Act.
10        In the event that siting  approval  granted  pursuant  to
11    Section  39.2  has  been transferred to a subsequent owner or
12    operator, that subsequent owner or operator may apply to  the
13    Agency  for,  and  the  Agency  may  grant,  a development or
14    construction permit for the facility for which  local  siting
15    approval  was  granted.  Upon application to the Agency for a
16    development or construction permit by that  subsequent  owner
17    or  operator, the permit applicant shall cause written notice
18    of the permit application to be served upon  the  appropriate
19    county  board  or  governing  body  of  the municipality that
20    granted siting approval for that facility and upon any  party
21    to  the  siting  proceeding pursuant to which siting approval
22    was granted.  In that event,  the  Agency  shall  conduct  an
23    evaluation  of  the  subsequent  owner  or  operator's  prior
24    experience  in  waste  management  operations  in  the manner
25    conducted under subsection (i) of Section 39 of this Act.
26        Beginning August  20,  1993,  if  the  pollution  control
27    facility  consists  of  a  hazardous  or solid waste disposal
28    facility for  which  the  proposed  site  is  located  in  an
29    unincorporated  area  of  a  county with a population of less
30    than 100,000 and includes all or a portion  of  a  parcel  of
31    land  that  was, on April 1, 1993, adjacent to a municipality
32    having a population of less than 5,000, then the local siting
33    review required under this subsection (c) in conjunction with
34    any permit applied for after that date shall be performed  by
 
                            -7-      LRB093 10331 LRD 16397 a
 1    the  governing body of that adjacent municipality rather than
 2    the county board of the county in which the proposed site  is
 3    located;  and  for  the purposes of that local siting review,
 4    any references in this Act  to  the  county  board  shall  be
 5    deemed   to   mean   the  governing  body  of  that  adjacent
 6    municipality; provided, however, that the provisions of  this
 7    paragraph  shall not apply to any proposed site which was, on
 8    April  1,  1993,  owned  in  whole  or  in  part  by  another
 9    municipality.
10        In the case of a pollution control facility for  which  a
11    development permit was issued before November 12, 1981, if an
12    operating  permit  has not been issued by the Agency prior to
13    August 31, 1989 for any portion of  the  facility,  then  the
14    Agency  may  not  issue  or  renew any development permit nor
15    issue an original operating permit for any  portion  of  such
16    facility  unless  the  applicant  has  submitted proof to the
17    Agency that the location of the facility has been approved by
18    the appropriate county  board  or  municipal  governing  body
19    pursuant to Section 39.2 of this Act.
20        After   January  1,  1994,  if  a  solid  waste  disposal
21    facility, any portion for which an operating permit has  been
22    issued  by  the Agency, has not accepted waste disposal for 5
23    or more consecutive calendars years, before that facility may
24    accept any new or additional waste for  disposal,  the  owner
25    and  operator  must  obtain a new operating permit under this
26    Act for that facility unless  the  owner  and  operator  have
27    applied  to the Agency for a permit authorizing the temporary
28    suspension of waste acceptance.  The Agency may not  issue  a
29    new  operation  permit under this Act for the facility unless
30    the applicant has submitted proof  to  the  Agency  that  the
31    location  of the facility has been approved or re-approved by
32    the appropriate county  board  or  municipal  governing  body
33    under  Section  39.2  of  this  Act after the facility ceased
34    accepting waste.
 
                            -8-      LRB093 10331 LRD 16397 a
 1        Except for those facilities owned or operated by sanitary
 2    districts organized under the Metropolitan Water  Reclamation
 3    District Act, and except for new pollution control facilities
 4    governed  by  Section 39.2, and except for fossil fuel mining
 5    facilities, the granting of a permit under this Act shall not
 6    relieve the applicant from meeting and securing all necessary
 7    zoning approvals from the unit of  government  having  zoning
 8    jurisdiction over the proposed facility.
 9        Before beginning construction on any new sewage treatment
10    plant  or  sludge  drying  site  to be owned or operated by a
11    sanitary district  organized  under  the  Metropolitan  Water
12    Reclamation District Act  for which a new permit (rather than
13    the  renewal or amendment of an existing permit) is required,
14    such sanitary district shall hold a public hearing within the
15    municipality within which the  proposed  facility  is  to  be
16    located,  or  within  the  nearest  community if the proposed
17    facility is to be located within an unincorporated  area,  at
18    which  information  concerning the proposed facility shall be
19    made available to the public, and members of the public shall
20    be given the opportunity to express  their  views  concerning
21    the proposed facility.
22        The  Agency  may  issue  a  permit  for a municipal waste
23    transfer  station  without  requiring  approval  pursuant  to
24    Section 39.2 provided that  the  following  demonstration  is
25    made:
26             (1)  the  municipal  waste  transfer  station was in
27        existence on  or  before  January  1,  1979  and  was  in
28        continuous  operation  from January 1, 1979 to January 1,
29        1993;
30             (2)  the operator submitted a permit application  to
31        the  Agency  to  develop  and operate the municipal waste
32        transfer station during April of 1994;
33             (3)  the operator can demonstrate  that  the  county
34        board  of  the  county,  if  the municipal waste transfer
 
                            -9-      LRB093 10331 LRD 16397 a
 1        station is in an unincorporated area,  or  the  governing
 2        body  of  the  municipality,  if  the  station  is  in an
 3        incorporated area, does not object to resumption  of  the
 4        operation of the station; and
 5             (4)  the site has local zoning approval.
 6        (d)  The  Agency may issue RCRA permits exclusively under
 7    this subsection to persons owning or operating a facility for
 8    the treatment, storage, or disposal  of  hazardous  waste  as
 9    defined under this Act.
10        All   RCRA   permits   shall   contain  those  terms  and
11    conditions,  including  but  not  limited  to  schedules   of
12    compliance,  which may be required to accomplish the purposes
13    and provisions of this Act.  The  Agency  may  include  among
14    such  conditions standards and other requirements established
15    under this Act, Board regulations, the Resource  Conservation
16    and  Recovery  Act  of  1976  (P.L.  94-580), as amended, and
17    regulations pursuant thereto, and may include  schedules  for
18    achieving  compliance  therewith  as  soon  as possible.  The
19    Agency  shall  require  that  a  performance  bond  or  other
20    security be provided as a condition for  the  issuance  of  a
21    RCRA permit.
22        In  the  case of a permit to operate a hazardous waste or
23    PCB incinerator as defined in subsection (k) of  Section  44,
24    the  Agency shall require, as a condition of the permit, that
25    the operator of the facility perform  such  analyses  of  the
26    waste  to  be incinerated as may be necessary and appropriate
27    to ensure the safe operation of the incinerator.
28        The Agency shall adopt filing requirements and procedures
29    which are necessary and appropriate for the issuance of  RCRA
30    permits, and which are consistent with the Act or regulations
31    adopted  by the Board, and with the Resource Conservation and
32    Recovery  Act  of  1976  (P.L.  94-580),  as   amended,   and
33    regulations pursuant thereto.
34        The  applicant  shall  make  available  to the public for
 
                            -10-     LRB093 10331 LRD 16397 a
 1    inspection all documents submitted by the  applicant  to  the
 2    Agency  in  furtherance of an application, with the exception
 3    of trade secrets, at  the  office  of  the  county  board  or
 4    governing  body  of  the municipality.  Such documents may be
 5    copied upon payment of the actual cost of reproduction during
 6    regular business hours of the local office.  The Agency shall
 7    issue a written statement concurrent with its grant or denial
 8    of the permit explaining the basis for its decision.
 9        (e)  The Agency may issue UIC permits  exclusively  under
10    this subsection to persons owning or operating a facility for
11    the  underground  injection  of contaminants as defined under
12    this Act.
13        All UIC permits shall contain those terms and conditions,
14    including but not limited to schedules of  compliance,  which
15    may  be required to accomplish the purposes and provisions of
16    this Act.  The  Agency  may  include  among  such  conditions
17    standards  and other requirements established under this Act,
18    Board regulations, the Safe Drinking Water Act (P.L. 93-523),
19    as amended, and regulations pursuant thereto, and may include
20    schedules for  achieving  compliance  therewith.  The  Agency
21    shall  require  that  a performance bond or other security be
22    provided as a condition for the issuance of a UIC permit.
23        The Agency shall adopt filing requirements and procedures
24    which are necessary and appropriate for the issuance  of  UIC
25    permits, and which are consistent with the Act or regulations
26    adopted  by  the  Board, and with the Safe Drinking Water Act
27    (P.L. 93-523), as amended, and regulations pursuant thereto.
28        The applicant shall make  available  to  the  public  for
29    inspection,  all  documents submitted by the applicant to the
30    Agency in furtherance of an application, with  the  exception
31    of  trade  secrets,  at  the  office  of  the county board or
32    governing body of the municipality.  Such  documents  may  be
33    copied upon payment of the actual cost of reproduction during
34    regular business hours of the local office.  The Agency shall
 
                            -11-     LRB093 10331 LRD 16397 a
 1    issue a written statement concurrent with its grant or denial
 2    of the permit explaining the basis for its decision.
 3        (f)  In  making any determination pursuant to Section 9.1
 4    of this Act:
 5             (1)  The Agency shall have  authority  to  make  the
 6        determination  of  any question required to be determined
 7        by the Clean Air Act, as now or hereafter  amended,  this
 8        Act,  or  the  regulations  of  the  Board, including the
 9        determination of the  Lowest  Achievable  Emission  Rate,
10        Maximum  Achievable Control Technology, or Best Available
11        Control   Technology,   consistent   with   the   Board's
12        regulations, if any.
13             (2)  The Agency shall,  after  conferring  with  the
14        applicant,  give  written  notice to the applicant of its
15        proposed decision on the application including the  terms
16        and  conditions of the permit to be issued and the facts,
17        conduct or other basis upon which the Agency will rely to
18        support its proposed action.
19             (3)  Following such notice, the  Agency  shall  give
20        the  applicant an opportunity for a hearing in accordance
21        with the provisions of Sections 10-25  through  10-60  of
22        the Illinois Administrative Procedure Act.
23        (g)  The  Agency  shall  include  as  conditions upon all
24    permits  issued  for  hazardous  waste  disposal  sites  such
25    restrictions upon  the  future  use  of  such  sites  as  are
26    reasonably   necessary  to  protect  public  health  and  the
27    environment, including permanent prohibition of  the  use  of
28    such sites for purposes which may create an unreasonable risk
29    of  injury  to  human  health  or  to the environment.  After
30    administrative and judicial challenges to  such  restrictions
31    have  been exhausted, the Agency shall file such restrictions
32    of record in the Office of the  Recorder  of  the  county  in
33    which the hazardous waste disposal site is located.
34        (h)  A  hazardous  waste stream may not be deposited in a
 
                            -12-     LRB093 10331 LRD 16397 a
 1    permitted hazardous waste site unless specific  authorization
 2    is  obtained  from  the  Agency by the generator and disposal
 3    site owner and operator for  the  deposit  of  that  specific
 4    hazardous  waste  stream.   The  Agency  may  grant  specific
 5    authorization  for  disposal  of hazardous waste streams only
 6    after  the  generator  has  reasonably   demonstrated   that,
 7    considering    technological    feasibility    and   economic
 8    reasonableness, the  hazardous  waste  cannot  be  reasonably
 9    recycled for reuse, nor incinerated or chemically, physically
10    or  biologically  treated  so  as to neutralize the hazardous
11    waste and render it nonhazardous.  In granting  authorization
12    under  this Section, the Agency may impose such conditions as
13    may be necessary to accomplish the purposes of  the  Act  and
14    are  consistent  with this Act and regulations promulgated by
15    the  Board  hereunder.   If  the  Agency  refuses  to   grant
16    authorization under this Section, the applicant may appeal as
17    if  the  Agency  refused  to  grant a permit, pursuant to the
18    provisions of subsection (a) of Section 40 of this Act.   For
19    purposes of this subsection (h), the term "generator" has the
20    meaning  given  in Section 3.205 of this Act, unless: (1) the
21    hazardous  waste  is  treated,  incinerated,   or   partially
22    recycled  for reuse prior to disposal, in which case the last
23    person who treats, incinerates,  or  partially  recycles  the
24    hazardous  waste  prior  to disposal is the generator; or (2)
25    the hazardous waste is from a response action, in which  case
26    the  person  performing the response action is the generator.
27    This subsection (h) does not apply  to  any  hazardous  waste
28    that is restricted from land disposal under 35 Ill. Adm. Code
29    728.
30        (i)  Before  issuing  any RCRA permit or any permit for a
31    waste storage site, sanitary landfill, waste  disposal  site,
32    waste  transfer  station,  waste  treatment  facility,  waste
33    incinerator,   or  any  waste-transportation  operation,  the
34    Agency shall conduct an evaluation of the prospective owner's
 
                            -13-     LRB093 10331 LRD 16397 a
 1    or  operator's   prior   experience   in   waste   management
 2    operations.   The  Agency  may  deny  such  a  permit  if the
 3    prospective owner or operator or any employee or  officer  of
 4    the prospective owner or operator has a history of:
 5             (1)  repeated violations of federal, State, or local
 6        laws,   regulations,  standards,  or  ordinances  in  the
 7        operation of waste management facilities or sites; or
 8             (2)  conviction in this  or  another  State  of  any
 9        crime  which is a felony under the laws of this State, or
10        conviction of a felony in a federal court; or
11             (3)  proof of gross carelessness or incompetence  in
12        handling,  storing, processing, transporting or disposing
13        of waste.
14        (j)  The issuance under this Act of a permit to engage in
15    the surface mining of any resources other than  fossil  fuels
16    shall  not relieve the permittee from its duty to comply with
17    any  applicable  local  law  regulating   the   commencement,
18    location or operation of surface mining facilities.
19        (k)  A  development permit issued under subsection (a) of
20    Section 39 for any facility or site which is required to have
21    a permit under subsection (d) of Section 21 shall  expire  at
22    the  end  of 2 calendar years from the date upon which it was
23    issued, unless within that period  the  applicant  has  taken
24    action to develop the facility or the site. In the event that
25    review  of the conditions of the development permit is sought
26    pursuant to Section 40 or 41, or permittee is prevented  from
27    commencing  development  of the facility or site by any other
28    litigation beyond  the  permittee's  control,  such  two-year
29    period  shall  be deemed to begin on the date upon which such
30    review  process or litigation is concluded.
31        (l)  No permit shall be issued by the Agency  under  this
32    Act  for  construction  or  operation of any facility or site
33    located within the boundaries of any setback zone established
34    pursuant to this Act, where such construction or operation is
 
                            -14-     LRB093 10331 LRD 16397 a
 1    prohibited.
 2        (m)  The Agency may issue permits to  persons  owning  or
 3    operating  a  facility  for  composting  landscape  waste. In
 4    granting such permits, the Agency may impose such  conditions
 5    as  may  be necessary to accomplish the purposes of this Act,
 6    and as  are  not  inconsistent  with  applicable  regulations
 7    promulgated  by  the  Board.  Except as otherwise provided in
 8    this Act, a bond or other security shall not be required as a
 9    condition for the issuance of a permit.  If the Agency denies
10    any permit pursuant to  this  subsection,  the  Agency  shall
11    transmit to the applicant within the time limitations of this
12    subsection  specific,  detailed  statements as to the reasons
13    the permit application was  denied.   Such  statements  shall
14    include but not be limited to the following:
15             (1)  the  Sections  of this Act that may be violated
16        if the permit were granted;
17             (2)  the specific regulations  promulgated  pursuant
18        to  this  Act  that  may  be  violated if the permit were
19        granted;
20             (3)  the specific information, if  any,  the  Agency
21        deems the applicant did not provide in its application to
22        the 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
27    after the filing of the application for permit, the applicant
28    may  deem  the  permit issued. Any applicant for a permit may
29    waive the 90 day limitation by  filing  a  written  statement
30    with the Agency.
31        The  Agency  shall issue permits for such facilities upon
32    receipt of an application that includes a  legal  description
33    of the site, a topographic map of the site drawn to the scale
34    of  200  feet  to  the  inch  or larger, a description of the
 
                            -15-     LRB093 10331 LRD 16397 a
 1    operation, including the area  served,  an  estimate  of  the
 2    volume of materials to be processed, and documentation that:
 3             (1)  the facility includes a setback of at least 200
 4        feet from the nearest potable water supply well;
 5             (2)  the facility is located outside the boundary of
 6        the 10-year floodplain or the site will be floodproofed;
 7             (3)  the  facility  is  located  so  as  to minimize
 8        incompatibility with the  character  of  the  surrounding
 9        area,  including  at  least  a  200 foot setback from any
10        residence,  and  in  the  case  of  a  facility  that  is
11        developed or the permitted composting area  of  which  is
12        expanded  after November 17, 1991, the composting area is
13        located at least 1/8  mile  from  the  nearest  residence
14        (other  than  a residence located on the same property as
15        the facility);
16             (4)  the design of the  facility  will  prevent  any
17        compost  material  from being placed within 5 feet of the
18        water table, will  adequately  control  runoff  from  the
19        site,  and  will  collect and manage any leachate that is
20        generated on the site;
21             (5)  the operation  of  the  facility  will  include
22        appropriate  dust  and odor control measures, limitations
23        on operating hours, appropriate  noise  control  measures
24        for shredding, chipping and similar equipment, management
25        procedures  for  composting,  containment and disposal of
26        non-compostable  wastes,  procedures  to  be   used   for
27        terminating  operations  at  the  site, and recordkeeping
28        sufficient to document the amount of materials  received,
29        composted and otherwise disposed of; and
30             (6)  the  operation  will be conducted in accordance
31        with any applicable rules adopted by the Board.
32        The Agency shall issue renewable permits  of  not  longer
33    than  10  years  in  duration for the composting of landscape
34    wastes, as defined in Section 3.155 of this Act, based on the
 
                            -16-     LRB093 10331 LRD 16397 a
 1    above requirements.
 2        The  operator  of  any  facility  permitted  under   this
 3    subsection  (m) must submit a written annual statement to the
 4    Agency on or before April 1 of each  year  that  includes  an
 5    estimate  of  the  amount  of material, in tons, received for
 6    composting.
 7        (n)  The Agency shall  issue  permits  jointly  with  the
 8    Department  of  Transportation for the dredging or deposit of
 9    material in Lake Michigan in accordance with  Section  18  of
10    the Rivers, Lakes, and Streams Act.
11        (o)  (Blank.)
12        (p) (1)  Any  person  submitting  an  application  for  a
13    permit  for a new MSWLF unit or for a lateral expansion under
14    subsection (t) of Section 21 of  this  Act  for  an  existing
15    MSWLF  unit that has not received and is not subject to local
16    siting approval under Section 39.2 of this Act shall  publish
17    notice   of   the  application  in  a  newspaper  of  general
18    circulation in the county in which the MSWLF unit  is  or  is
19    proposed  to  be  located.   The  notice must be published at
20    least 15 days before submission of the permit application  to
21    the  Agency.   The notice shall state the name and address of
22    the applicant, the location of the  MSWLF  unit  or  proposed
23    MSWLF unit, the nature and size of the MSWLF unit or proposed
24    MSWLF unit, the nature of the activity proposed, the probable
25    life   of   the   proposed  activity,  the  date  the  permit
26    application will be submitted, and a statement  that  persons
27    may  file  written  comments  with  the Agency concerning the
28    permit application within 30 days after  the  filing  of  the
29    permit  application unless the time period to submit comments
30    is extended by the Agency.
31        When a permit applicant submits information to the Agency
32    to supplement a permit  application  being  reviewed  by  the
33    Agency,  the  applicant  shall not be required to reissue the
34    notice under this subsection.
 
                            -17-     LRB093 10331 LRD 16397 a
 1        (2)  The Agency shall accept written comments  concerning
 2    the  permit  application that are postmarked no later than 30
 3    days after the filing of the permit application,  unless  the
 4    time period to accept comments is extended by the Agency.
 5        (3)  Each applicant for a permit described in part (1) of
 6    this  subsection  shall file a copy of the permit application
 7    with the county board or governing body of  the  municipality
 8    in  which  the  MSWLF unit is or is proposed to be located at
 9    the same time the application is  submitted  to  the  Agency.
10    The  permit  application  filed  with  the  county  board  or
11    governing   body   of  the  municipality  shall  include  all
12    documents submitted to or to  be  submitted  to  the  Agency,
13    except  trade secrets as determined under Section 7.1 of this
14    Act.  The permit application and other documents on file with
15    the county board or governing body of the municipality  shall
16    be  made  available  for  public  inspection  during  regular
17    business  hours  at  the  office  of  the county board or the
18    governing body of the municipality and  may  be  copied  upon
19    payment of the actual cost of reproduction.
20    (Source: P.A. 92-574, eff. 6-26-02.)

21        (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
22        Sec. 42. Civil penalties.
23        (a)  Except  as provided in this Section, any person that
24    violates any provision of this Act or any regulation  adopted
25    by  the Board, or any permit or term or condition thereof, or
26    that  violates  any  determination  or  order  of  the  Board
27    pursuant to this Act, shall be liable to a civil  penalty  of
28    not  to  exceed  $50,000  for the violation and an additional
29    civil penalty of not to exceed $10,000 for  each  day  during
30    which the violation continues; such penalties may, upon order
31    of  the  Board  or a court of competent jurisdiction, be made
32    payable to the Environmental Protection  Trust  Fund,  to  be
33    used  in  accordance with the provisions of the Environmental
 
                            -18-     LRB093 10331 LRD 16397 a
 1    Protection Trust Fund Act.
 2        (b)  Notwithstanding the provisions of subsection (a)  of
 3    this Section:
 4             (1)  Any  person that violates Section 12(f) of this
 5        Act or any NPDES permit or term or condition thereof,  or
 6        any  filing  requirement, regulation or order relating to
 7        the NPDES permit program, shall  be  liable  to  a  civil
 8        penalty of not to exceed $10,000 per day of violation.
 9             (2)  Any  person that violates Section 12(g) of this
10        Act or any UIC permit or term or  condition  thereof,  or
11        any  filing  requirement, regulation or order relating to
12        the State UIC program for  all  wells,  except  Class  II
13        wells  as  defined  by the Board under this Act, shall be
14        liable to a civil penalty not to exceed $2,500 per day of
15        violation; provided, however, that any person who commits
16        such violations relating to the  State  UIC  program  for
17        Class  II  wells, as defined by the Board under this Act,
18        shall be liable to a  civil  penalty  of  not  to  exceed
19        $10,000 for the violation and an additional civil penalty
20        of  not  to  exceed  $1,000 for each day during which the
21        violation continues.
22             (3)  Any person that violates Sections 21(f), 21(g),
23        21(h) or 21(i) of this Act, or any RCRA permit or term or
24        condition thereof, or any filing requirement,  regulation
25        or  order  relating  to  the State RCRA program, shall be
26        liable to a civil penalty of not to  exceed  $25,000  per
27        day of violation.
28             (4)  In  an  administrative  citation  action  under
29        Section  31.1  of  this  Act,  any  person  found to have
30        violated any provision of subsection (o) of Section 21 of
31        this Act shall pay a  civil  penalty  of  $500  for  each
32        violation  of each such provision, plus any hearing costs
33        incurred by the Board and  the  Agency.   Such  penalties
34        shall  be  made  payable  to the Environmental Protection
 
                            -19-     LRB093 10331 LRD 16397 a
 1        Trust Fund, to be used in accordance with the  provisions
 2        of  the  Environmental  Protection Trust Fund Act; except
 3        that  if  a  unit  of   local   government   issued   the
 4        administrative  citation,  50% of the civil penalty shall
 5        be payable to the unit of local government.
 6             (4-5)  In an administrative  citation  action  under
 7        Section  31.1  of  this  Act,  any  person  found to have
 8        violated any provision of subsection (p) of Section 21 of
 9        this Act shall pay a civil penalty of $1,500 for a  first
10        offense  and  $3,000  for a second or subsequent offense,
11        plus any hearing costs incurred  by  the  Board  and  the
12        Agency.   The  penalties  shall  be  deposited  into  the
13        Environmental  Protection  Trust  Fund,  to  be  used  in
14        accordance  with  the  provisions  of  the  Environmental
15        Protection Trust Fund Act; except that if a unit of local
16        government issued the administrative citation, 50% of the
17        civil  penalty  shall  be  payable  to  the unit of local
18        government.
19             (5)  Any person who violates subsection 6 of Section
20        39.5 of  this  Act  or  any  CAAPP  permit,  or  term  or
21        condition  thereof,  or any fee or filing requirement, or
22        any duty to allow  or  carry  out  inspection,  entry  or
23        monitoring   activities,   or  any  regulation  or  order
24        relating to the CAAPP shall be liable for a civil penalty
25        not to exceed $10,000 per day of violation.
26        (b.5)  In lieu of the penalties set forth in  subsections
27    (a) and (b) of this Section, any person who fails to file, in
28    a timely manner, toxic chemical release forms with the Agency
29    pursuant  to  Section 25b-2 of this Act shall be liable for a
30    civil penalty of $100 per day for  each  day  the  forms  are
31    late,  not  to exceed a maximum total penalty of $6,000. This
32    daily penalty shall begin accruing on  the  thirty-first  day
33    after  the  date  that the person receives the warning notice
34    issued by the Agency pursuant to Section 25b-6 of  this  Act;
 
                            -20-     LRB093 10331 LRD 16397 a
 1    and  the  penalty  shall  be  paid  to  the Agency. The daily
 2    accrual of penalties shall cease  as  of  January  1  of  the
 3    following   year.  All  penalties  collected  by  the  Agency
 4    pursuant to this  subsection  shall  be  deposited  into  the
 5    Environmental Protection Permit and Inspection Fund.
 6        (c)  Any  person  that  violates this Act, or an order or
 7    other determination of the Board under this  Act  and  causes
 8    the  death  of fish or aquatic life shall, in addition to the
 9    other penalties provided by this Act, be liable to pay to the
10    State an additional sum for the reasonable value of the  fish
11    or  aquatic  life  destroyed. Any money so recovered shall be
12    placed in the Wildlife and Fish Fund in the State Treasury.
13        (d)  The penalties provided for in this  Section  may  be
14    recovered in a civil action.
15        (e)  The  State's  Attorney  of  the  county in which the
16    violation occurred, or the  Attorney  General,  may,  at  the
17    request of the Agency or on his own motion, institute a civil
18    action for an injunction to restrain violations of this Act.
19        (f)  The  State's  Attorney  of  the  county in which the
20    violation occurred, or the Attorney General, shall bring such
21    actions in the name of the people of the State  of  Illinois.
22    Without  limiting any other authority which may exist for the
23    awarding of attorney's fees and costs, the Board or  a  court
24    of  competent  jurisdiction  may  award  costs and reasonable
25    attorney's fees, including the  reasonable  costs  of  expert
26    witnesses  and  consultants,  to  the State's Attorney or the
27    Attorney General in a case where he has prevailed  against  a
28    person  who  has  committed  a  wilful,  knowing  or repeated
29    violation of the Act.
30        Any funds collected under this subsection  (f)  in  which
31    the  Attorney General has prevailed shall be deposited in the
32    Hazardous Waste Fund created in Section 22.2 of this Act. Any
33    funds collected under this subsection (f) in which a  State's
34    Attorney  has  prevailed  shall  be retained by the county in
 
                            -21-     LRB093 10331 LRD 16397 a
 1    which he serves.
 2        (g)  All final orders imposing civil  penalties  pursuant
 3    to  this Section shall prescribe the time for payment of such
 4    penalties.  If any such penalty is not paid within  the  time
 5    prescribed, interest on such penalty at the rate set forth in
 6    subsection  (a)  of  Section  1003 of the Illinois Income Tax
 7    Act, shall be paid for the period from the  date  payment  is
 8    due until the date payment is received.  However, if the time
 9    for  payment  is  stayed  during  the  pendency of an appeal,
10    interest shall not accrue during such stay.
11        (h)  In determining the appropriate civil penalty  to  be
12    imposed  under subdivisions  (a), (b)(1), (b)(2),  (b)(3), or
13    (b)(5)  of  this Section, the Board is authorized to consider
14    any  matters  of  record  in  mitigation  or  aggravation  of
15    penalty, including but not limited to the following factors:
16             (1)  the duration and gravity of the violation;
17             (2)  the presence or absence of due diligence on the
18        part of the respondent violator in attempting  to  comply
19        with  requirements of this Act and regulations thereunder
20        or to secure relief therefrom as provided by this Act;
21             (3)  any economic benefits accrued by the respondent
22        violator   because   of   delay   in   compliance    with
23        requirements,  in  which case the economic benefits shall
24        be  determined  by  the  lowest  cost   alternative   for
25        achieving compliance;
26             (4)  the amount of monetary penalty which will serve
27        to  deter  further  violations by the respondent violator
28        and to otherwise aid in  enhancing  voluntary  compliance
29        with  this  Act  by  the  respondent  violator  and other
30        persons similarly subject to the Act; and
31             (5)  the number, proximity in time, and  gravity  of
32        previously  adjudicated  violations  of  this  Act by the
33        respondent; violator.
34             (6)  whether     the     respondent      voluntarily
 
                            -22-     LRB093 10331 LRD 16397 a
 1        self-disclosed, in accordance with subsection (i) of this
 2        Section, the non-compliance to the Agency; and
 3             (7)  whether  the respondent has agreed to undertake
 4        a "supplemental environmental project,"  which  means  an
 5        environmentally  beneficial  project  that  a  respondent
 6        agrees  to  undertake  in  settlement  of  an enforcement
 7        action brought under this Act, but which  the  respondent
 8        is not otherwise legally required to perform.
 9        In  determining  the  appropriate  civil  penalty  to  be
10    imposed  under  subsection (a) or paragraph (1), (2), (3), or
11    (5) of subsection  (b)  of  this  Section,  the  Board  shall
12    ensure,  in  all cases, that the penalty is at least as great
13    as the economic benefits, if any, accrued by  the  respondent
14    as  a  result  of  the violation, unless the Board finds that
15    imposition of such penalty would result in  an  arbitrary  or
16    unreasonable  financial hardship. However, such civil penalty
17    may be off-set in whole or in part pursuant to a supplemental
18    environmental project agreed to by the  complainant  and  the
19    respondent.
20        (i)  A     person    who    voluntarily    self-discloses
21    non-compliance to the Agency, of which the  Agency  had  been
22    unaware,  is  entitled  to a 100% reduction in the portion of
23    the penalty that is not based  on  the  economic  benefit  of
24    non-compliance if the person can establish the following:
25             (1)  that  the non-compliance was discovered through
26        an environmental audit, as defined  in  Section  52.2  of
27        this  Act,  and the person waives the environmental audit
28        privileges as provided in that Section  with  respect  to
29        that non-compliance;
30             (2)  that   the   non-compliance  was  disclosed  in
31        writing within 30 days of the date on  which  the  person
32        discovered it;
33             (3)  that  the  non-compliance  was  discovered  and
34        disclosed prior to:
 
                            -23-     LRB093 10331 LRD 16397 a
 1                  (i)  the  commencement of an Agency inspection,
 2             investigation, or request for information;
 3                  (ii)  notice of a citizen suit;
 4                  (iii)  the filing of a complaint by a  citizen,
 5             the   Illinois  Attorney  General,  or  the  State's
 6             Attorney  of  the  county  in  which  the  violation
 7             occurred;
 8                  (iv)  the reporting of the non-compliance by an
 9             employee  of  the  person  without   that   person's
10             knowledge; or
11                  (v)  imminent  discovery  of the non-compliance
12             by the Agency;
13             (4)  that the non-compliance is being corrected  and
14        any  environmental  harm  is being remediated in a timely
15        fashion;
16             (5)  that the person agrees to prevent a  recurrence
17        of the non-compliance;
18             (6)  that  no  related  non-compliance  events  have
19        occurred  in  the past 3 years at the same facility or in
20        the past 5  years  as  part  of  a  pattern  at  multiple
21        facilities owned or operated by the person;
22             (7)  that  the  non-compliance  did  not  result  in
23        serious   actual   harm   or   present  an  imminent  and
24        substantial  endangerment  to   human   health   or   the
25        environment or violate the specific terms of any judicial
26        or administrative order or consent agreement;
27             (8)  that   the   person  cooperates  as  reasonably
28        requested by the Agency after the disclosure; and
29             (9)  that   the   non-compliance   was    identified
30        voluntarily  and  not  through a monitoring, sampling, or
31        auditing procedure that is  required  by  statute,  rule,
32        permit,  judicial  or  administrative  order,  or consent
33        agreement.
34        If a person can establish all of the elements under  this
 
                            -24-     LRB093 10331 LRD 16397 a
 1    subsection  except  the element set forth in paragraph (1) of
 2    this subsection, the person is entitled to a 75% reduction in
 3    the portion of  the  penalty  that  is  not  based  upon  the
 4    economic benefit of non-compliance.
 5    (Source: P.A. 90-773, eff. 8-14-98; 91-82, eff. 1-1-00.)".