Full Text of SB3344 96th General Assembly
SB3344sam001 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne, Jr.
Filed: 3/24/2010
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LRB096 19292 JDS 39533 a |
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| AMENDMENT TO SENATE BILL 3344
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| AMENDMENT NO. ______. Amend Senate Bill 3344 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.755 as follows: | 6 |
| (30 ILCS 105/5.755 new) | 7 |
| Sec. 5.755. The Expedited Permitting Fund. | 8 |
| Section 10. The Environmental Protection Act is amended by | 9 |
| changing Sections 4 and 39 and by adding Section 39.6 as | 10 |
| follows: | 11 |
| (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) | 12 |
| Sec. 4. Environmental Protection Agency; establishment; | 13 |
| duties. | 14 |
| (a) There is established in the Executive Branch of the |
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| State Government an
agency to be known as the Environmental | 2 |
| Protection Agency. This Agency shall
be under the supervision | 3 |
| and direction of a Director who shall be appointed by
the | 4 |
| Governor with the advice and consent of the Senate. The term of | 5 |
| office
of the Director shall expire on the third Monday of | 6 |
| January in odd numbered
years, provided that he or she shall | 7 |
| hold office until a successor is appointed
and has qualified. | 8 |
| The Director shall
receive an annual salary as set by
the | 9 |
| Compensation Review Board. The Director, in accord with the | 10 |
| Personnel Code, shall employ and
direct such personnel, and | 11 |
| shall provide for such laboratory and other
facilities, as may | 12 |
| be necessary to carry out the purposes of this Act. In
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| addition, the Director may by agreement secure such services as | 14 |
| he or she
may deem necessary from any other department, agency, | 15 |
| or unit of the State
Government, and may employ and compensate | 16 |
| such consultants and technical
assistants as may be required. | 17 |
| (b) The Agency shall have the duty to collect and | 18 |
| disseminate such
information, acquire such technical data, and | 19 |
| conduct such experiments
as may be required to carry out the | 20 |
| purposes of this Act, including
ascertainment of the quantity | 21 |
| and nature of discharges from any
contaminant source and data | 22 |
| on those sources, and to operate and arrange
for the operation | 23 |
| of devices for the monitoring of environmental quality. | 24 |
| (c) The Agency shall have authority to conduct a program of
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| continuing surveillance and of regular or periodic inspection | 26 |
| of actual
or potential contaminant or noise sources, of public |
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| water supplies, and
of refuse disposal sites. | 2 |
| (d) In accordance with constitutional limitations,
the | 3 |
| Agency shall have authority to enter at all reasonable times
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| upon any private or public property for the purpose of: | 5 |
| (1) Inspecting and investigating to ascertain possible | 6 |
| violations of
this Act, any rule or regulation adopted | 7 |
| under this Act, any permit or
term or condition of a | 8 |
| permit, or any Board order; or | 9 |
| (2) In accordance with the provisions of this Act, | 10 |
| taking whatever
preventive or corrective action, including | 11 |
| but not limited to removal or
remedial action, that is | 12 |
| necessary or appropriate whenever there is a
release or a | 13 |
| substantial threat of a release of (A) a hazardous
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| substance or pesticide or (B) petroleum from an underground | 15 |
| storage tank. | 16 |
| (e) The Agency shall have the duty to investigate | 17 |
| violations of this
Act, any rule or regulation adopted under | 18 |
| this Act, any permit or
term or condition of a permit, or any | 19 |
| Board order;
to issue administrative citations as provided in | 20 |
| Section 31.1 of this
Act; and to take such summary enforcement | 21 |
| action as is provided
for by Section 34 of this Act. | 22 |
| (f) The Agency shall appear before the Board in any hearing | 23 |
| upon a
petition for variance, the denial of a permit, or the | 24 |
| validity or effect
of a rule or regulation of the Board, and | 25 |
| shall have the authority to
appear before the Board in any | 26 |
| hearing under the Act. |
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| (g) The Agency shall have the duty to administer, in accord | 2 |
| with
Title X of this Act, such permit and certification systems | 3 |
| as may be
established by this Act or by regulations adopted | 4 |
| thereunder.
The Agency may enter into written delegation | 5 |
| agreements with any department,
agency, or unit of State or | 6 |
| local government under which all or portions
of this duty may | 7 |
| be delegated for public water supply storage and transport
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| systems, sewage collection and transport systems, air | 9 |
| pollution control
sources with uncontrolled emissions of 100 | 10 |
| tons per year or less and
application of algicides to waters of | 11 |
| the State. Such delegation
agreements will require that the | 12 |
| work to be performed thereunder will be
in accordance with | 13 |
| Agency criteria, subject to Agency review, and shall
include | 14 |
| such financial and program auditing by the Agency as may be | 15 |
| required. | 16 |
| (h) The Agency shall have authority to require the | 17 |
| submission of
complete plans and specifications from any | 18 |
| applicant for a permit
required by this Act or by regulations | 19 |
| thereunder, and to require the
submission of such reports | 20 |
| regarding actual or potential violations of
this Act, any rule | 21 |
| or regulation adopted under this Act, any permit or
term or | 22 |
| condition of a permit, or any Board order, as may be necessary | 23 |
| for the purposes of
this Act. | 24 |
| (i) The Agency shall have authority to make recommendations | 25 |
| to the
Board for the adoption of regulations under Title VII of | 26 |
| the Act. |
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| (j) The Agency shall have the duty to represent the State | 2 |
| of
Illinois in any and all matters pertaining to plans, | 3 |
| procedures, or
negotiations for interstate compacts or other | 4 |
| governmental arrangements
relating to environmental | 5 |
| protection. | 6 |
| (k) The Agency shall have the authority to accept, receive, | 7 |
| and
administer on behalf of the State any grants, gifts, loans, | 8 |
| indirect cost
reimbursements, or other funds made available to | 9 |
| the State from any source
for purposes of this Act or for air | 10 |
| or water pollution control, public water
supply, solid waste | 11 |
| disposal, noise abatement, or other environmental
protection | 12 |
| activities, surveys, or programs. Any federal funds received by | 13 |
| the
Agency pursuant to this subsection shall be deposited in a | 14 |
| trust fund with the
State Treasurer and held and disbursed by | 15 |
| him in accordance with Treasurer as
Custodian of Funds Act, | 16 |
| provided that such monies shall be used only for the
purposes | 17 |
| for which they are contributed and any balance remaining shall | 18 |
| be
returned to the contributor. | 19 |
| The Agency is authorized to promulgate such regulations and | 20 |
| enter
into such contracts as it may deem necessary for carrying | 21 |
| out the
provisions of this subsection. | 22 |
| (l) The Agency is hereby designated as water pollution | 23 |
| agency for
the state for all purposes of the Federal Water | 24 |
| Pollution Control Act, as
amended; as implementing agency for | 25 |
| the State for all purposes of the Safe
Drinking Water Act, | 26 |
| Public Law 93-523, as now or hereafter amended, except
Section |
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| 1425 of that Act; as air pollution agency for the state for all
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| purposes of the Clean Air Act of 1970, Public Law 91-604, | 3 |
| approved December 31,
1970, as amended; and as solid waste | 4 |
| agency for the state for all purposes of
the Solid Waste | 5 |
| Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 6 |
| amended by the Resource Recovery Act of 1970, Public Law | 7 |
| 91-512, approved
October 26, 1970, as amended, and amended by | 8 |
| the Resource Conservation and
Recovery Act of 1976, (P.L. | 9 |
| 94-580) approved October 21, 1976, as amended; as
noise control | 10 |
| agency for the state for all purposes of the Noise Control Act | 11 |
| of
1972, Public Law 92-574, approved October 27, 1972, as | 12 |
| amended; and as
implementing agency for the State for all | 13 |
| purposes of the Comprehensive
Environmental Response, | 14 |
| Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 15 |
| amended; and otherwise as pollution control agency for the | 16 |
| State pursuant
to federal laws integrated with the foregoing | 17 |
| laws, for financing purposes or
otherwise. The Agency is hereby | 18 |
| authorized to take all action necessary or
appropriate to | 19 |
| secure to the State the benefits of such federal Acts, provided
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| that the Agency shall transmit to the United States without | 21 |
| change any
standards adopted by the Pollution Control Board | 22 |
| pursuant to Section 5(c) of
this Act. This subsection (l) of | 23 |
| Section 4 shall not be construed to bar or
prohibit the | 24 |
| Environmental Protection Trust Fund Commission from accepting,
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| receiving, and administering on behalf of the State any grants, | 26 |
| gifts,
loans or other funds for which the Commission is |
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| eligible pursuant to the
Environmental Protection Trust Fund | 2 |
| Act. The Agency is hereby designated as
the State agency for | 3 |
| all purposes of administering the requirements of Section
313 | 4 |
| of the federal Emergency Planning and Community Right-to-Know | 5 |
| Act of 1986. | 6 |
| Any municipality, sanitary district, or other political | 7 |
| subdivision,
or any Agency of the State or interstate Agency, | 8 |
| which makes application
for loans or grants under such federal | 9 |
| Acts shall notify the Agency of
such application; the Agency | 10 |
| may participate in proceedings under such
federal Acts. | 11 |
| (m) The Agency shall have authority, consistent with | 12 |
| Section 5(c)
and other provisions of this Act, and for purposes | 13 |
| of Section 303(e) of
the Federal Water Pollution Control Act, | 14 |
| as now or hereafter amended,
to engage in planning processes | 15 |
| and activities and to develop
plans in cooperation with units | 16 |
| of local government, state agencies and
officers, and other | 17 |
| appropriate persons in connection with the
jurisdiction or | 18 |
| duties of each such unit, agency, officer or person.
Public | 19 |
| hearings shall be held on the planning process, at which any
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| person shall be permitted to appear and be heard, pursuant to | 21 |
| procedural
regulations promulgated by the Agency. | 22 |
| (n) In accordance with the powers conferred upon the Agency | 23 |
| by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 24 |
| Agency shall
have authority to establish and enforce minimum | 25 |
| standards for the
operation of laboratories relating to | 26 |
| analyses and laboratory tests for
air pollution, water |
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| pollution, noise emissions, contaminant discharges
onto land | 2 |
| and sanitary, chemical, and mineral quality of water
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| distributed by a public water supply. The Agency may enter into | 4 |
| formal
working agreements with other departments or agencies of | 5 |
| state
government under which all or portions of this authority | 6 |
| may be
delegated to the cooperating department or agency. | 7 |
| (o) The Agency shall have the authority to issue | 8 |
| certificates of
competency to persons and laboratories meeting | 9 |
| the minimum standards
established by the Agency in accordance | 10 |
| with Section 4(n) of this Act
and to promulgate and enforce | 11 |
| regulations relevant to the issuance and
use of such | 12 |
| certificates. The Agency may enter into formal working
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| agreements with other departments or agencies of state | 14 |
| government under
which all or portions of this authority may be | 15 |
| delegated to the
cooperating department or agency. | 16 |
| (p) Except as provided in Section 17.7, the Agency shall | 17 |
| have the
duty to analyze samples as required
from each public | 18 |
| water supply to determine compliance with the
contaminant | 19 |
| levels specified by the Pollution Control Board. The maximum
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| number of samples which the Agency shall be required to analyze | 21 |
| for
microbiological quality shall be 6 per month, but the | 22 |
| Agency may, at its
option, analyze a larger number each month | 23 |
| for any supply. Results of
sample analyses for additional | 24 |
| required bacteriological testing,
turbidity, residual chlorine | 25 |
| and radionuclides are to be provided to the
Agency in | 26 |
| accordance with Section 19. Owners of water supplies may enter
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| into agreements with the Agency to provide for reduced Agency
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| participation in sample analyses. | 3 |
| (q) The Agency shall have the authority to provide notice | 4 |
| to any
person who may be liable pursuant to Section 22.2(f) of | 5 |
| this Act for a
release or a substantial threat of a release of | 6 |
| a hazardous substance or
pesticide. Such notice shall include | 7 |
| the identified response action and an
opportunity for such | 8 |
| person to perform the response action. | 9 |
| (r) The Agency may enter into written delegation agreements | 10 |
| with any
unit of local government under which it may delegate | 11 |
| all or portions of its
inspecting, investigating and | 12 |
| enforcement functions. Such delegation
agreements shall | 13 |
| require that work performed thereunder be in accordance
with | 14 |
| Agency criteria and subject to Agency review.
Notwithstanding | 15 |
| any other provision of law to the contrary, no unit of
local | 16 |
| government shall be liable for any injury resulting from the | 17 |
| exercise
of its authority pursuant to such a delegation | 18 |
| agreement unless the injury
is proximately caused by the | 19 |
| willful and wanton negligence of an agent or
employee of the | 20 |
| unit of local government, and any policy of insurance
coverage | 21 |
| issued to a unit of local government may provide for the denial | 22 |
| of
liability and the nonpayment of claims based upon injuries | 23 |
| for which the unit
of local government is not liable pursuant | 24 |
| to this subsection (r). | 25 |
| (s) The Agency shall have authority to take whatever | 26 |
| preventive or
corrective action is necessary or appropriate, |
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| including but not limited to
expenditure of monies appropriated | 2 |
| from the Build Illinois Bond Fund and
the Build Illinois | 3 |
| Purposes Fund for removal or remedial action, whenever
any | 4 |
| hazardous substance or pesticide is released or
there is a | 5 |
| substantial threat of such a release into the environment. The
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| State, the Director, and any State employee shall be | 7 |
| indemnified for any
damages or injury arising out of or | 8 |
| resulting from any action taken under
this subsection. The | 9 |
| Director of the Agency is authorized to enter into
such | 10 |
| contracts and agreements as are necessary
to carry out the | 11 |
| Agency's duties under this subsection. | 12 |
| (t) The Agency shall have authority to distribute grants, | 13 |
| subject to
appropriation by the General Assembly, to units of | 14 |
| local government for financing and construction of
wastewater | 15 |
| facilities in both incorporated and unincorporated areas. With | 16 |
| respect to all monies appropriated
from the Build Illinois Bond | 17 |
| Fund and the Build Illinois Purposes
Fund for wastewater | 18 |
| facility grants, the Agency shall make
distributions in | 19 |
| conformity with the rules and regulations established
pursuant | 20 |
| to the Anti-Pollution Bond Act, as now or hereafter amended. | 21 |
| (u) Pursuant to the Illinois Administrative Procedure Act, | 22 |
| the
Agency shall have the authority to adopt such rules as are | 23 |
| necessary or
appropriate for the Agency to implement Section | 24 |
| 31.1 of this Act. | 25 |
| (v) (Blank.) | 26 |
| (w) Neither the State, nor the Director, nor the Board, nor |
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| any State
employee shall be liable for any damages or injury | 2 |
| arising out of or
resulting from any action taken under | 3 |
| subsection (s). | 4 |
| (x)(1) The Agency shall have authority to distribute | 5 |
| grants, subject to
appropriation by the General Assembly, | 6 |
| to units of local government for
financing and construction | 7 |
| of public water supply facilities. With respect
to all | 8 |
| monies appropriated from the Build Illinois Bond Fund or | 9 |
| the Build
Illinois Purposes Fund for public water supply | 10 |
| grants, such grants shall be
made in accordance with rules | 11 |
| promulgated by the Agency.
Such rules shall include a | 12 |
| requirement for a local match of 30% of the
total project | 13 |
| cost for projects funded through such grants. | 14 |
| (2) The Agency shall not terminate a grant to a unit of | 15 |
| local government
for the financing and construction of | 16 |
| public water supply facilities unless
and until the Agency | 17 |
| adopts rules that set forth precise and complete
standards, | 18 |
| pursuant to Section 5-20 of the Illinois Administrative
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| Procedure Act, for the termination of such grants. The | 20 |
| Agency shall not
make determinations on whether specific | 21 |
| grant conditions are necessary to
ensure the integrity of a | 22 |
| project or on whether subagreements shall be
awarded, with | 23 |
| respect to grants for the financing and construction of
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| public water supply facilities, unless and until the Agency | 25 |
| adopts rules
that set forth precise and complete standards, | 26 |
| pursuant to Section 5-20
of the Illinois Administrative |
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| Procedure Act, for making such
determinations. The Agency | 2 |
| shall not issue a stop-work order in relation to
such | 3 |
| grants unless and until the Agency adopts precise and | 4 |
| complete standards,
pursuant to Section 5-20 of the | 5 |
| Illinois Administrative Procedure Act, for
determining | 6 |
| whether to issue a stop-work order. | 7 |
| (y) The Agency shall have authority to release any person | 8 |
| from further
responsibility for preventive or corrective | 9 |
| action under this Act following
successful completion of | 10 |
| preventive or corrective action undertaken by such
person upon | 11 |
| written request by the person. | 12 |
| (z) To the extent permitted by any applicable federal law | 13 |
| or regulation, for all work performed for State construction | 14 |
| projects which are funded in whole or in part by a capital | 15 |
| infrastructure bill enacted by the 96th General Assembly by | 16 |
| sums appropriated to the Environmental Protection Agency, at | 17 |
| least 50% of the total labor hours must be performed by actual | 18 |
| residents of the State of Illinois. For purposes of this | 19 |
| subsection, "actual residents of the State of Illinois" means | 20 |
| persons domiciled in the State of Illinois. The Department of | 21 |
| Labor shall promulgate rules providing for the enforcement of | 22 |
| this subsection. | 23 |
| (aa) The Agency shall create a permit expediting unit for | 24 |
| the purpose of implementing an expedited permitting process for | 25 |
| air and water construction permits within 6 months after the | 26 |
| effective date of this amendatory Act of the 96th General |
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| Assembly. | 2 |
| (1) Permit applicants may access the expedited | 3 |
| permitting process if the permit is necessary to commence a | 4 |
| construction or maintenance project that results in an | 5 |
| investment by the applicant of at least $10 million and the | 6 |
| applicant pays an expedited permit fee, to be established | 7 |
| by the Agency by regulation, but not to exceed 200% of the | 8 |
| standard fee for an unexpedited permit. The amount of the | 9 |
| fee in excess of a standard permit fee shall be payable | 10 |
| only upon final permit issuance. All fees collected by the | 11 |
| Agency under this Section shall be deposited into the | 12 |
| Expedited Permit Fund, which is hereby created as a special | 13 |
| fund in the State treasury. | 14 |
| Subject to appropriation, the moneys in the Fund shall | 15 |
| be used by the Agency to carry out the Agency's expedited | 16 |
| permitting activities. | 17 |
| (2) The Agency shall issue an expedited final permit no | 18 |
| more than 120 days after the date the Agency has deemed the | 19 |
| application to be complete. If for any reason a permit is | 20 |
| not issued within 120 days, the permit applicant's | 21 |
| expedited permit fee shall be reduced to the standard | 22 |
| permit fee. | 23 |
| (Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09; | 24 |
| 96-800, eff. 10-30-09; revised 11-23-09.) | 25 |
| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) |
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| Sec. 39. Issuance of permits; procedures. | 2 |
| (a) When the Board has by regulation required a permit for
| 3 |
| the construction, installation, or operation of any type of | 4 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 5 |
| applicant shall apply to
the Agency for such permit and it | 6 |
| shall be the duty of the Agency to
issue such a permit upon | 7 |
| proof by the applicant that the facility,
equipment, vehicle, | 8 |
| vessel, or aircraft will not cause a violation of
this Act or | 9 |
| of regulations hereunder. The Agency shall adopt such
| 10 |
| procedures as are necessary to carry out its duties under this | 11 |
| Section.
In making its determinations on permit applications | 12 |
| under this Section the Agency may consider prior adjudications | 13 |
| of
noncompliance with this Act by the applicant that involved a | 14 |
| release of a
contaminant into the environment. In granting | 15 |
| permits, the Agency
may impose reasonable conditions | 16 |
| specifically related to the applicant's past
compliance | 17 |
| history with this Act as necessary to correct, detect, or
| 18 |
| prevent noncompliance. The Agency may impose such other | 19 |
| conditions
as may be necessary to accomplish the purposes of | 20 |
| this Act, and as are not
inconsistent with the regulations | 21 |
| promulgated by the Board hereunder. Except as
otherwise | 22 |
| provided in this Act, a bond or other security shall not be | 23 |
| required
as a condition for the issuance of a permit. If the | 24 |
| Agency denies any permit
under this Section, the Agency shall | 25 |
| transmit to the applicant within the time
limitations of this | 26 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 2 |
| but not be
limited to the following: | 3 |
| (i) the Sections of this Act which may be violated if | 4 |
| the permit
were granted; | 5 |
| (ii) the provision of the regulations, promulgated | 6 |
| under this Act,
which may be violated if the permit were | 7 |
| granted; | 8 |
| (iii) the specific type of information, if any, which | 9 |
| the Agency
deems the applicant did not provide the Agency; | 10 |
| and | 11 |
| (iv) a statement of specific reasons why the Act and | 12 |
| the regulations
might not be met if the permit were | 13 |
| granted. | 14 |
| If there is no final action by the Agency within 90 days | 15 |
| after the
filing of the application for permit, the applicant | 16 |
| may deem the permit
issued; except that this time period shall | 17 |
| be extended to 180 days when
(1) notice and opportunity for | 18 |
| public hearing are required by State or
federal law or | 19 |
| regulation, (2) the application which was filed is for
any | 20 |
| permit to develop a landfill subject to issuance pursuant to | 21 |
| this
subsection, or (3) the application that was filed is for a | 22 |
| MSWLF unit
required to issue public notice under subsection (p) | 23 |
| of Section 39. The
90-day and 180-day time periods for the | 24 |
| Agency to take final action do not
apply to NPDES permit | 25 |
| applications under subsection (b) of this Section,
to RCRA | 26 |
| permit applications under subsection (d) of this Section, or
to |
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| UIC permit applications under subsection (e) of this Section. | 2 |
| The Agency shall publish notice of all final permit | 3 |
| determinations for
development permits for MSWLF units and for | 4 |
| significant permit modifications
for lateral expansions for | 5 |
| existing MSWLF units one time in a newspaper of
general | 6 |
| circulation in the county in which the unit is or is proposed | 7 |
| to be
located. | 8 |
| After January 1, 1994 and until July 1, 1998, operating | 9 |
| permits issued under
this Section by the
Agency for sources of | 10 |
| air pollution permitted to emit less than 25 tons
per year of | 11 |
| any combination of regulated air pollutants, as defined in
| 12 |
| Section 39.5 of this Act, shall be required to be renewed only | 13 |
| upon written
request by the Agency consistent with applicable | 14 |
| provisions of this Act and
regulations promulgated hereunder. | 15 |
| Such operating permits shall expire
180 days after the date of | 16 |
| such a request. The Board shall revise its
regulations for the | 17 |
| existing State air pollution operating permit program
| 18 |
| consistent with this provision by January 1, 1994. | 19 |
| After June 30, 1998, operating permits issued under this | 20 |
| Section by the
Agency for sources of air pollution that are not | 21 |
| subject to Section 39.5 of
this Act and are not required to | 22 |
| have a federally enforceable State operating
permit shall be | 23 |
| required to be renewed only upon written request by the Agency
| 24 |
| consistent with applicable provisions of this Act and its | 25 |
| rules. Such
operating permits shall expire 180 days after the | 26 |
| date of such a request.
Before July 1, 1998, the Board shall |
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| revise its rules for the existing State
air pollution operating | 2 |
| permit program consistent with this paragraph and shall
adopt | 3 |
| rules that require a source to demonstrate that it qualifies | 4 |
| for a permit
under this paragraph. | 5 |
| The Agency shall, within 6 months after the effective date | 6 |
| of this amendatory Act of the 96th General Assembly, form and | 7 |
| convene a stakeholders group for the purpose of creating a | 8 |
| priority list of suitable categories of sources to focus | 9 |
| efforts in developing general permits. Upon completion of the | 10 |
| priority list, within 12 months, the Agency shall have | 11 |
| finalized at least 5 general permits, with an additional 5 to | 12 |
| be finalized after 24 months, and another 5 after 36 months. | 13 |
| The existence of a general permit for a particular source | 14 |
| category shall not preclude an owner or operator of a facility | 15 |
| from pursuing a facility-specific permit. | 16 |
| (b) The Agency may issue NPDES permits exclusively under | 17 |
| this
subsection for the discharge of contaminants from point | 18 |
| sources into
navigable waters, all as defined in the Federal | 19 |
| Water Pollution Control
Act, as now or hereafter amended, | 20 |
| within the jurisdiction of the
State, or into any well. | 21 |
| All NPDES permits shall contain those terms and conditions, | 22 |
| including
but not limited to schedules of compliance, which may | 23 |
| be required to
accomplish the purposes and provisions of this | 24 |
| Act. | 25 |
| The Agency may issue general NPDES permits for discharges | 26 |
| from categories
of point sources which are subject to the same |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| permit limitations and
conditions. Such general permits may be | 2 |
| issued without individual
applications and shall conform to | 3 |
| regulations promulgated under Section 402
of the Federal Water | 4 |
| Pollution Control Act, as now or hereafter amended. | 5 |
| The Agency may include, among such conditions, effluent | 6 |
| limitations
and other requirements established under this Act, | 7 |
| Board regulations,
the Federal Water Pollution Control Act, as | 8 |
| now or hereafter amended, and
regulations pursuant thereto, and | 9 |
| schedules for achieving compliance
therewith at the earliest | 10 |
| reasonable date. | 11 |
| The Agency shall adopt filing requirements and procedures | 12 |
| which are
necessary and appropriate for the issuance of NPDES | 13 |
| permits, and which
are consistent with the Act or regulations | 14 |
| adopted by the Board, and
with the Federal Water Pollution | 15 |
| Control Act, as now or hereafter
amended, and regulations | 16 |
| pursuant thereto. | 17 |
| The Agency, subject to any conditions which may be | 18 |
| prescribed by
Board regulations, may issue NPDES permits to | 19 |
| allow discharges beyond
deadlines established by this Act or by | 20 |
| regulations of the Board without
the requirement of a variance, | 21 |
| subject to the Federal Water Pollution
Control Act, as now or | 22 |
| hereafter amended, and regulations pursuant thereto. | 23 |
| The Agency shall adopt an expedited process for those NPDES | 24 |
| permit renewals if the applicant determines and certifies that | 25 |
| no change necessitating a permit revision has occurred to: | 26 |
| (1) any applicable State or federal statute or |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| regulation; or | 2 |
| (2) the characteristics of the permitted discharge. | 3 |
| The Agency shall adopt guidance to assist applicants in | 4 |
| making such determinations. | 5 |
| (c) Except for those facilities owned or operated by | 6 |
| sanitary districts
organized under the Metropolitan Water | 7 |
| Reclamation District Act, no
permit for the development or | 8 |
| construction of a new pollution control
facility may be granted | 9 |
| by the Agency unless the applicant submits proof to the
Agency | 10 |
| that the location of the facility has been approved by the | 11 |
| County Board
of the county if in an unincorporated area, or the | 12 |
| governing body of the
municipality when in an incorporated | 13 |
| area, in which the facility is to be
located in accordance with | 14 |
| Section 39.2 of this Act. For purposes of this subsection (c), | 15 |
| and for purposes of Section 39.2 of this Act, the appropriate | 16 |
| county board or governing body of the municipality shall be the | 17 |
| county board of the county or the governing body of the | 18 |
| municipality in which the facility is to be located as of the | 19 |
| date when the application for siting approval is filed.
| 20 |
| In the event that siting approval granted pursuant to | 21 |
| Section 39.2 has
been transferred to a subsequent owner or | 22 |
| operator, that subsequent owner or
operator may apply to the | 23 |
| Agency for, and the Agency may grant, a development
or | 24 |
| construction permit for the facility for which local siting | 25 |
| approval was
granted. Upon application to the Agency for a | 26 |
| development or
construction permit by that subsequent owner or |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| operator,
the permit applicant shall cause written notice of | 2 |
| the permit application
to be served upon the appropriate county | 3 |
| board or governing body of the
municipality that granted siting | 4 |
| approval for that facility and upon any party
to the siting | 5 |
| proceeding pursuant to which siting approval was granted. In
| 6 |
| that event, the Agency shall conduct an evaluation of the | 7 |
| subsequent owner or
operator's prior experience in waste | 8 |
| management operations in the manner
conducted under subsection | 9 |
| (i) of Section 39 of this Act. | 10 |
| Beginning August 20, 1993, if the pollution control | 11 |
| facility consists of a
hazardous or solid waste disposal | 12 |
| facility for which the proposed site is
located in an | 13 |
| unincorporated area of a county with a population of less than
| 14 |
| 100,000 and includes all or a portion of a parcel of land that | 15 |
| was, on April 1,
1993, adjacent to a municipality having a | 16 |
| population of less than 5,000, then
the local siting review | 17 |
| required under this subsection (c) in conjunction with
any | 18 |
| permit applied for after that date shall be performed by the | 19 |
| governing body
of that adjacent municipality rather than the | 20 |
| county board of the county in
which the proposed site is | 21 |
| located; and for the purposes of that local siting
review, any | 22 |
| references in this Act to the county board shall be deemed to | 23 |
| mean
the governing body of that adjacent municipality; | 24 |
| provided, however, that the
provisions of this paragraph shall | 25 |
| not apply to any proposed site which was, on
April 1, 1993, | 26 |
| owned in whole or in part by another municipality. |
|
|
|
09600SB3344sam001 |
- 21 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| In the case of a pollution control facility for which a
| 2 |
| development permit was issued before November 12, 1981, if an | 3 |
| operating
permit has not been issued by the Agency prior to | 4 |
| August 31, 1989 for
any portion of the facility, then the | 5 |
| Agency may not issue or renew any
development permit nor issue | 6 |
| an original operating permit for any portion of
such facility | 7 |
| unless the applicant has submitted proof to the Agency that the
| 8 |
| location of the facility has been approved by the appropriate | 9 |
| county board or
municipal governing body pursuant to Section | 10 |
| 39.2 of this Act. | 11 |
| After January 1, 1994, if a solid waste
disposal facility, | 12 |
| any portion for which an operating permit has been issued by
| 13 |
| the Agency, has not accepted waste disposal for 5 or more | 14 |
| consecutive calendars
years, before that facility may accept | 15 |
| any new or additional waste for
disposal, the owner and | 16 |
| operator must obtain a new operating permit under this
Act for | 17 |
| that facility unless the owner and operator have applied to the | 18 |
| Agency
for a permit authorizing the temporary suspension of | 19 |
| waste acceptance. The
Agency may not issue a new operation | 20 |
| permit under this Act for the facility
unless the applicant has | 21 |
| submitted proof to the Agency that the location of the
facility | 22 |
| has been approved or re-approved by the appropriate county | 23 |
| board or
municipal governing body under Section 39.2 of this | 24 |
| Act after the facility
ceased accepting waste. | 25 |
| Except for those facilities owned or operated by sanitary | 26 |
| districts
organized under the Metropolitan Water Reclamation |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| District Act, and
except for new pollution control facilities | 2 |
| governed by Section 39.2,
and except for fossil fuel mining | 3 |
| facilities, the granting of a permit under
this Act shall not | 4 |
| relieve the applicant from meeting and securing all
necessary | 5 |
| zoning approvals from the unit of government having zoning
| 6 |
| jurisdiction over the proposed facility. | 7 |
| Before beginning construction on any new sewage treatment | 8 |
| plant or sludge
drying site to be owned or operated by a | 9 |
| sanitary district organized under
the Metropolitan Water | 10 |
| Reclamation District Act for which a new
permit (rather than | 11 |
| the renewal or amendment of an existing permit) is
required, | 12 |
| such sanitary district shall hold a public hearing within the
| 13 |
| municipality within which the proposed facility is to be | 14 |
| located, or within the
nearest community if the proposed | 15 |
| facility is to be located within an
unincorporated area, at | 16 |
| which information concerning the proposed facility
shall be | 17 |
| made available to the public, and members of the public shall | 18 |
| be given
the opportunity to express their views concerning the | 19 |
| proposed facility. | 20 |
| The Agency may issue a permit for a municipal waste | 21 |
| transfer station
without requiring approval pursuant to | 22 |
| Section 39.2 provided that the following
demonstration is made: | 23 |
| (1) the municipal waste transfer station was in | 24 |
| existence on or before
January 1, 1979 and was in | 25 |
| continuous operation from January 1, 1979 to January
1, | 26 |
| 1993; |
|
|
|
09600SB3344sam001 |
- 23 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| (2) the operator submitted a permit application to the | 2 |
| Agency to develop
and operate the municipal waste transfer | 3 |
| station during April of 1994; | 4 |
| (3) the operator can demonstrate that the county board | 5 |
| of the county, if
the municipal waste transfer station is | 6 |
| in an unincorporated area, or the
governing body of the | 7 |
| municipality, if the station is in an incorporated area,
| 8 |
| does not object to resumption of the operation of the | 9 |
| station; and | 10 |
| (4) the site has local zoning approval. | 11 |
| (d) The Agency may issue RCRA permits exclusively under | 12 |
| this
subsection to persons owning or operating a facility for | 13 |
| the treatment,
storage, or disposal of hazardous waste as | 14 |
| defined under this Act. | 15 |
| All RCRA permits shall contain those terms and conditions, | 16 |
| including but
not limited to schedules of compliance, which may | 17 |
| be required to accomplish
the purposes and provisions of this | 18 |
| Act. The Agency may include among such
conditions standards and | 19 |
| other requirements established under this Act,
Board | 20 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 21 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 22 |
| and may include
schedules for achieving compliance therewith as | 23 |
| soon as possible. The
Agency shall require that a performance | 24 |
| bond or other security be provided
as a condition for the | 25 |
| issuance of a RCRA permit. | 26 |
| In the case of a permit to operate a hazardous waste or PCB |
|
|
|
09600SB3344sam001 |
- 24 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| incinerator
as defined in subsection (k) of Section 44, the | 2 |
| Agency shall require, as a
condition of the permit, that the | 3 |
| operator of the facility perform such
analyses of the waste to | 4 |
| be incinerated as may be necessary and appropriate
to ensure | 5 |
| the safe operation of the incinerator. | 6 |
| The Agency shall adopt filing requirements and procedures | 7 |
| which
are necessary and appropriate for the issuance of RCRA | 8 |
| permits, and which
are consistent with the Act or regulations | 9 |
| adopted by the Board, and with
the Resource Conservation and | 10 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 11 |
| pursuant thereto. | 12 |
| The applicant shall make available to the public for | 13 |
| inspection all
documents submitted by the applicant to the | 14 |
| Agency in furtherance
of an application, with the exception of | 15 |
| trade secrets, at the office of
the county board or governing | 16 |
| body of the municipality. Such documents
may be copied upon | 17 |
| payment of the actual cost of reproduction during regular
| 18 |
| business hours of the local office. The Agency shall issue a | 19 |
| written statement
concurrent with its grant or denial of the | 20 |
| permit explaining the basis for its
decision. | 21 |
| (e) The Agency may issue UIC permits exclusively under this
| 22 |
| subsection to persons owning or operating a facility for the | 23 |
| underground
injection of contaminants as defined under this | 24 |
| Act. | 25 |
| All UIC permits shall contain those terms and conditions, | 26 |
| including but
not limited to schedules of compliance, which may |
|
|
|
09600SB3344sam001 |
- 25 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| be required to accomplish
the purposes and provisions of this | 2 |
| Act. The Agency may include among such
conditions standards and | 3 |
| other requirements established under this Act,
Board | 4 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 5 |
| amended,
and regulations pursuant thereto, and may include | 6 |
| schedules for achieving
compliance therewith. The Agency shall | 7 |
| require that a performance bond or
other security be provided | 8 |
| as a condition for the issuance of a UIC permit. | 9 |
| The Agency shall adopt filing requirements and procedures | 10 |
| which
are necessary and appropriate for the issuance of UIC | 11 |
| permits, and which
are consistent with the Act or regulations | 12 |
| adopted by the Board, and with
the Safe Drinking Water Act | 13 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto. | 14 |
| The applicant shall make available to the public for | 15 |
| inspection, all
documents submitted by the applicant to the | 16 |
| Agency in furtherance of an
application, with the exception of | 17 |
| trade secrets, at the office of the county
board or governing | 18 |
| body of the municipality. Such documents may be copied upon
| 19 |
| payment of the actual cost of reproduction during regular | 20 |
| business hours of the
local office. The Agency shall issue a | 21 |
| written statement concurrent with its
grant or denial of the | 22 |
| permit explaining the basis for its decision. | 23 |
| (f) In making any determination pursuant to Section 9.1 of | 24 |
| this Act: | 25 |
| (1) The Agency shall have authority to make the | 26 |
| determination of any
question required to be determined by |
|
|
|
09600SB3344sam001 |
- 26 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 2 |
| or the regulations of the Board, including the
| 3 |
| determination of the Lowest Achievable Emission Rate, | 4 |
| Maximum Achievable
Control Technology, or Best Available | 5 |
| Control Technology, consistent with the
Board's | 6 |
| regulations, if any. | 7 |
| (2) The Agency shall, after conferring with the | 8 |
| applicant, give written
notice to the applicant of its | 9 |
| proposed decision on the application including
the terms | 10 |
| and conditions of the permit to be issued and the facts, | 11 |
| conduct
or other basis upon which the Agency will rely to | 12 |
| support its proposed action. | 13 |
| (3) Following such notice, the Agency shall give the | 14 |
| applicant an
opportunity for a hearing in accordance with | 15 |
| the provisions of Sections
10-25 through 10-60 of the | 16 |
| Illinois Administrative Procedure Act. | 17 |
| (g) The Agency shall include as conditions upon all permits | 18 |
| issued for
hazardous waste disposal sites such restrictions | 19 |
| upon the future use
of such sites as are reasonably necessary | 20 |
| to protect public health and
the environment, including | 21 |
| permanent prohibition of the use of such
sites for purposes | 22 |
| which may create an unreasonable risk of injury to human
health | 23 |
| or to the environment. After administrative and judicial | 24 |
| challenges
to such restrictions have been exhausted, the Agency | 25 |
| shall file such
restrictions of record in the Office of the | 26 |
| Recorder of the county in which
the hazardous waste disposal |
|
|
|
09600SB3344sam001 |
- 27 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| site is located. | 2 |
| (h) A hazardous waste stream may not be deposited in a | 3 |
| permitted hazardous
waste site unless specific authorization | 4 |
| is obtained from the Agency by the
generator and disposal site | 5 |
| owner and operator for the deposit of that specific
hazardous | 6 |
| waste stream. The Agency may grant specific authorization for
| 7 |
| disposal of hazardous waste streams only after the generator | 8 |
| has reasonably
demonstrated that, considering
technological | 9 |
| feasibility and economic reasonableness, the hazardous waste
| 10 |
| cannot be reasonably recycled for reuse, nor incinerated or | 11 |
| chemically,
physically or biologically treated so as to | 12 |
| neutralize the hazardous waste
and render it nonhazardous. In | 13 |
| granting authorization under this Section,
the Agency may | 14 |
| impose such conditions as may be necessary to accomplish
the | 15 |
| purposes of the Act and are consistent with this Act and | 16 |
| regulations
promulgated by the Board hereunder. If the Agency | 17 |
| refuses to grant
authorization under this Section, the | 18 |
| applicant may appeal as if the Agency
refused to grant a | 19 |
| permit, pursuant to the provisions of subsection (a) of
Section | 20 |
| 40 of this Act. For purposes of this subsection (h), the term
| 21 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 22 |
| unless: (1) the hazardous waste is treated, incinerated, or | 23 |
| partially recycled
for reuse prior to disposal, in which case | 24 |
| the last person who treats,
incinerates, or partially recycles | 25 |
| the hazardous waste prior to disposal is the
generator; or (2) | 26 |
| the hazardous waste is from a response action, in which case
|
|
|
|
09600SB3344sam001 |
- 28 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| the person performing the response action is the generator. | 2 |
| This subsection
(h) does not apply to any hazardous waste that | 3 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728. | 4 |
| (i) Before issuing any RCRA permit, any permit for a waste | 5 |
| storage site,
sanitary landfill, waste disposal site, waste | 6 |
| transfer station, waste treatment
facility, waste incinerator, | 7 |
| or any waste-transportation operation, or any permit or interim | 8 |
| authorization for a clean construction or demolition debris | 9 |
| fill operation, the Agency
shall conduct an evaluation of the | 10 |
| prospective owner's or operator's prior
experience in waste | 11 |
| management operations and clean construction or demolition | 12 |
| debris fill operations. The Agency may deny such a permit, or | 13 |
| deny or revoke interim authorization,
if the prospective owner | 14 |
| or operator or any employee or officer of the
prospective owner | 15 |
| or operator has a history of: | 16 |
| (1) repeated violations of federal, State, or local | 17 |
| laws, regulations,
standards, or ordinances in the | 18 |
| operation of waste management facilities or
sites or clean | 19 |
| construction or demolition debris fill operation | 20 |
| facilities or sites; or | 21 |
| (2) conviction in this or another State of any crime | 22 |
| which is a felony
under the laws of this State, or | 23 |
| conviction of a felony in a federal court; or conviction in | 24 |
| this or another state or federal court of any of the | 25 |
| following crimes: forgery, official misconduct, bribery, | 26 |
| perjury, or knowingly submitting false information under |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| any environmental law, regulation, or permit term or | 2 |
| condition; or | 3 |
| (3) proof of gross carelessness or incompetence in | 4 |
| handling, storing,
processing, transporting or disposing | 5 |
| of waste or clean construction or demolition debris, or | 6 |
| proof of gross carelessness or incompetence in using clean | 7 |
| construction or demolition debris as fill. | 8 |
| (i-5) Before issuing any permit or approving any interim | 9 |
| authorization for a clean construction or demolition debris | 10 |
| fill operation in which any ownership interest is transferred | 11 |
| between January 1, 2005, and the effective date of the | 12 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 13 |
| shall conduct an evaluation of the operation if any previous | 14 |
| activities at the site or facility may have caused or allowed | 15 |
| contamination of the site. It shall be the responsibility of | 16 |
| the owner or operator seeking the permit or interim | 17 |
| authorization to provide to the Agency all of the information | 18 |
| necessary for the Agency to conduct its evaluation. The Agency | 19 |
| may deny a permit or interim authorization if previous | 20 |
| activities at the site may have caused or allowed contamination | 21 |
| at the site, unless such contamination is authorized under any | 22 |
| permit issued by the Agency.
| 23 |
| (j) The issuance under this Act of a permit to engage in | 24 |
| the surface mining
of any resources other than fossil fuels | 25 |
| shall not relieve
the permittee from its duty to comply with | 26 |
| any applicable local law regulating
the commencement, location |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| or operation of surface mining facilities. | 2 |
| (k) A development permit issued under subsection (a) of | 3 |
| Section 39 for any
facility or site which is required to have a | 4 |
| permit under subsection (d) of
Section 21 shall expire at the | 5 |
| end of 2 calendar years from the date upon which
it was issued, | 6 |
| unless within that period the applicant has taken action to
| 7 |
| develop the facility or the site. In the event that review of | 8 |
| the
conditions of the development permit is sought pursuant to | 9 |
| Section 40 or
41, or permittee is prevented from commencing | 10 |
| development of the facility
or site by any other litigation | 11 |
| beyond the permittee's control, such
two-year period shall be | 12 |
| deemed to begin on the date upon which such review
process or | 13 |
| litigation is concluded. | 14 |
| (l) No permit shall be issued by the Agency under this Act | 15 |
| for
construction or operation of any facility or site located | 16 |
| within the
boundaries of any setback zone established pursuant | 17 |
| to this Act, where such
construction or operation is | 18 |
| prohibited. | 19 |
| (m) The Agency may issue permits to persons owning or | 20 |
| operating
a facility for composting landscape waste. In | 21 |
| granting such permits, the Agency
may impose such conditions as | 22 |
| may be necessary to accomplish the purposes of
this Act, and as | 23 |
| are not inconsistent with applicable regulations promulgated
| 24 |
| by the Board. Except as otherwise provided in this Act, a bond | 25 |
| or other
security shall not be required as a condition for the | 26 |
| issuance of a permit. If
the Agency denies any permit pursuant |
|
|
|
09600SB3344sam001 |
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LRB096 19292 JDS 39533 a |
|
| 1 |
| to this subsection, the Agency shall
transmit to the applicant | 2 |
| within the time limitations of this subsection
specific, | 3 |
| detailed statements as to the reasons the permit application | 4 |
| was
denied. Such statements shall include but not be limited to | 5 |
| the following: | 6 |
| (1) the Sections of this Act that may be violated if | 7 |
| the permit
were granted; | 8 |
| (2) the specific regulations promulgated pursuant to | 9 |
| this
Act that may be violated if the permit were granted; | 10 |
| (3) the specific information, if any, the Agency deems | 11 |
| the
applicant did not provide in its application to the | 12 |
| Agency; and | 13 |
| (4) a statement of specific reasons why the Act and the | 14 |
| regulations
might be violated if the permit were granted. | 15 |
| If no final action is taken by the Agency within 90 days | 16 |
| after the filing
of the application for permit, the applicant | 17 |
| may deem the permit issued.
Any applicant for a permit may | 18 |
| waive the 90 day limitation by filing a
written statement with | 19 |
| the Agency. | 20 |
| The Agency shall issue permits for such facilities upon | 21 |
| receipt of an
application that includes a legal description of | 22 |
| the site, a topographic
map of the site drawn to the scale of | 23 |
| 200 feet to the inch or larger, a
description of the operation, | 24 |
| including the area served, an estimate of
the volume of | 25 |
| materials to be processed, and documentation that: | 26 |
| (1) the facility includes a setback of at
least 200 |
|
|
|
09600SB3344sam001 |
- 32 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| feet from the nearest potable water supply well; | 2 |
| (2) the facility is located outside the boundary
of the | 3 |
| 10-year floodplain or the site will be floodproofed; | 4 |
| (3) the facility is located so as to minimize
| 5 |
| incompatibility with the character of the surrounding | 6 |
| area, including at
least a 200 foot setback from any | 7 |
| residence, and in the case of a
facility that is developed | 8 |
| or the permitted composting area of which is
expanded after | 9 |
| November 17, 1991, the composting area is located at least | 10 |
| 1/8
mile from the nearest residence (other than a residence | 11 |
| located on the same
property as the facility); | 12 |
| (4) the design of the facility will prevent any compost | 13 |
| material from
being placed within 5 feet of the water | 14 |
| table, will adequately control runoff
from the site, and | 15 |
| will collect and manage any leachate that is generated on
| 16 |
| the site; | 17 |
| (5) the operation of the facility will include | 18 |
| appropriate dust
and odor control measures, limitations on | 19 |
| operating hours, appropriate
noise control measures for | 20 |
| shredding, chipping and similar equipment,
management | 21 |
| procedures for composting, containment and disposal of
| 22 |
| non-compostable wastes, procedures to be used for
| 23 |
| terminating operations at the site, and recordkeeping | 24 |
| sufficient to
document the amount of materials received, | 25 |
| composted and otherwise
disposed of; and | 26 |
| (6) the operation will be conducted in accordance with |
|
|
|
09600SB3344sam001 |
- 33 - |
LRB096 19292 JDS 39533 a |
|
| 1 |
| any applicable
rules adopted by the Board. | 2 |
| The Agency shall issue renewable permits of not longer than | 3 |
| 10 years
in duration for the composting of landscape wastes, as | 4 |
| defined in Section
3.155 of this Act, based on the above | 5 |
| requirements. | 6 |
| The operator of any facility permitted under this | 7 |
| subsection (m) must
submit a written annual statement to the | 8 |
| Agency on or before April 1 of
each year that includes an | 9 |
| estimate of the amount of material, in tons,
received for | 10 |
| composting. | 11 |
| (n) The Agency shall issue permits jointly with the | 12 |
| Department of
Transportation for the dredging or deposit of | 13 |
| material in Lake Michigan in
accordance with Section 18 of the | 14 |
| Rivers, Lakes, and Streams Act. | 15 |
| (o) (Blank.) | 16 |
| (p) (1) Any person submitting an application for a permit | 17 |
| for a new MSWLF
unit or for a lateral expansion under | 18 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 19 |
| unit that has not received and is not subject to local
siting | 20 |
| approval under Section 39.2 of this Act shall publish notice of | 21 |
| the
application in a newspaper of general circulation in the | 22 |
| county in which the
MSWLF unit is or is proposed to be located. | 23 |
| The notice must be published at
least 15 days before submission | 24 |
| of the permit application to the Agency. The
notice shall state | 25 |
| the name and address of the applicant, the location of the
| 26 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the |
|
|
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| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 2 |
| proposed, the probable life of
the proposed activity, the date | 3 |
| the permit application will be submitted, and a
statement that | 4 |
| persons may file written comments with the Agency concerning | 5 |
| the
permit application within 30 days after the filing of the | 6 |
| permit application
unless the time period to submit comments is | 7 |
| extended by the Agency. | 8 |
| When a permit applicant submits information to the Agency | 9 |
| to supplement a
permit application being reviewed by the | 10 |
| Agency, the applicant shall not be
required to reissue the | 11 |
| notice under this subsection. | 12 |
| (2) The Agency shall accept written comments concerning the | 13 |
| permit
application that are postmarked no later than 30 days | 14 |
| after the
filing of the permit application, unless the time | 15 |
| period to accept comments is
extended by the Agency. | 16 |
| (3) Each applicant for a permit described in part (1) of | 17 |
| this subsection
shall file a
copy of the permit application | 18 |
| with the county board or governing body of the
municipality in | 19 |
| which the MSWLF unit is or is proposed to be located at the
| 20 |
| same time the application is submitted to the Agency. The | 21 |
| permit application
filed with the county board or governing | 22 |
| body of the municipality shall include
all documents submitted | 23 |
| to or to be submitted to the Agency, except trade
secrets as | 24 |
| determined under Section 7.1 of this Act. The permit | 25 |
| application
and other documents on file with the county board | 26 |
| or governing body of the
municipality shall be made available |
|
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| 1 |
| for public inspection during regular
business hours at the | 2 |
| office of the county board or the governing body of the
| 3 |
| municipality and may be copied upon payment of the actual cost | 4 |
| of
reproduction. | 5 |
| (Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06; | 6 |
| 95-288, eff. 8-20-07.) | 7 |
| (415 ILCS 5/39.6 new) | 8 |
| Sec. 39.6. Air permits by rule. | 9 |
| (a) The Board may, by rule, adopt construction and | 10 |
| operating air permits for classes of facilities or equipment. | 11 |
| The Board may not, by rule, adopt an air permit authorizing | 12 |
| construction of any facility defined as a "major source" under | 13 |
| any applicable preconstruction permitting requirements of the | 14 |
| federal Clean Air Act or regulations adopted under that Act. | 15 |
| Proposals for permits authorized under this Section may be | 16 |
| filed by any person. | 17 |
| (b) The Board shall, by rule, specifically define the terms | 18 |
| and conditions for obtaining a permit under this Section. | 19 |
| (c) The Agency shall issue permits to the owners or | 20 |
| operators of facilities or equipment that satisfy the | 21 |
| requirements established by Board rule under this Section, upon | 22 |
| notification of the Agency of the owner or operator's intent to | 23 |
| construct and operate under a permit established under this | 24 |
| Section. | 25 |
| (d) The Board shall expedite the rulemakings for permits |
|
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| 1 |
| under this Section. | 2 |
| (e) The existence of a permit by rule for a particular | 3 |
| class of facility or equipment shall not preclude an owner or | 4 |
| operator of a facility or equipment from pursuing an individual | 5 |
| permit specifically for that facility or equipment. ".
|
|