Full Text of SB1868 98th General Assembly
SB1868sam001 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1868
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1868 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 39 as follows:
| 6 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 7 | | Sec. 39. Issuance of permits; procedures.
| 8 | | (a) When the Board has by regulation required a permit for
| 9 | | the construction, installation, or operation of any type of | 10 | | facility,
equipment, vehicle, vessel, or aircraft, the | 11 | | applicant shall apply to
the Agency for such permit and it | 12 | | shall be the duty of the Agency to
issue such a permit upon | 13 | | proof by the applicant that the facility,
equipment, vehicle, | 14 | | vessel, or aircraft will not cause a violation of
this Act or | 15 | | of regulations hereunder. The Agency shall adopt such
| 16 | | procedures as are necessary to carry out its duties under this |
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| 1 | | Section.
In making its determinations on permit applications | 2 | | under this Section the Agency may consider prior adjudications | 3 | | of
noncompliance with this Act by the applicant that involved a | 4 | | release of a
contaminant into the environment. In granting | 5 | | permits, the Agency
may impose reasonable conditions | 6 | | specifically related to the applicant's past
compliance | 7 | | history with this Act as necessary to correct, detect, or
| 8 | | prevent noncompliance. The Agency may impose such other | 9 | | conditions
as may be necessary to accomplish the purposes of | 10 | | this Act, and as are not
inconsistent with the regulations | 11 | | promulgated by the Board hereunder. Except as
otherwise | 12 | | provided in this Act, a bond or other security shall not be | 13 | | required
as a condition for the issuance of a permit. If the | 14 | | Agency denies any permit
under this Section, the Agency shall | 15 | | transmit to the applicant within the time
limitations of this | 16 | | Section specific, detailed statements as to the reasons the
| 17 | | permit application was denied. Such statements shall include, | 18 | | but not be
limited to the following:
| 19 | | (i) the Sections of this Act which may be violated if | 20 | | the permit
were granted;
| 21 | | (ii) the provision of the regulations, promulgated | 22 | | under this Act,
which may be violated if the permit were | 23 | | granted;
| 24 | | (iii) the specific type of information, if any, which | 25 | | the Agency
deems the applicant did not provide the Agency; | 26 | | and
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| 1 | | (iv) a statement of specific reasons why the Act and | 2 | | the regulations
might not be met if the permit were | 3 | | granted.
| 4 | | If there is no final action by the Agency within 90 days | 5 | | after the
filing of the application for permit, the applicant | 6 | | may deem the permit
issued; except that this time period shall | 7 | | be extended to 180 days when
(1) notice and opportunity for | 8 | | public hearing are required by State or
federal law or | 9 | | regulation, (2) the application which was filed is for
any | 10 | | permit to develop a landfill subject to issuance pursuant to | 11 | | this
subsection, or (3) the application that was filed is for a | 12 | | MSWLF unit
required to issue public notice under subsection (p) | 13 | | of Section 39. The
90-day and 180-day time periods for the | 14 | | Agency to take final action do not
apply to NPDES permit | 15 | | applications under subsection (b) of this Section,
to RCRA | 16 | | permit applications under subsection (d) of this Section, or
to | 17 | | UIC permit applications under subsection (e) of this Section.
| 18 | | The Agency shall publish notice of all final permit | 19 | | determinations for
development permits for MSWLF units and for | 20 | | significant permit modifications
for lateral expansions for | 21 | | existing MSWLF units one time in a newspaper of
general | 22 | | circulation in the county in which the unit is or is proposed | 23 | | to be
located.
| 24 | | After January 1, 1994 and until July 1, 1998, operating | 25 | | permits issued under
this Section by the
Agency for sources of | 26 | | air pollution permitted to emit less than 25 tons
per year of |
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| 1 | | any combination of regulated air pollutants, as defined in
| 2 | | Section 39.5 of this Act, shall be required to be renewed only | 3 | | upon written
request by the Agency consistent with applicable | 4 | | provisions of this Act and
regulations promulgated hereunder. | 5 | | Such operating permits shall expire
180 days after the date of | 6 | | such a request. The Board shall revise its
regulations for the | 7 | | existing State air pollution operating permit program
| 8 | | consistent with this provision by January 1, 1994.
| 9 | | After June 30, 1998, operating permits issued under this | 10 | | Section by the
Agency for sources of air pollution that are not | 11 | | subject to Section 39.5 of
this Act and are not required to | 12 | | have a federally enforceable State operating
permit shall be | 13 | | required to be renewed only upon written request by the Agency
| 14 | | consistent with applicable provisions of this Act and its | 15 | | rules. Such
operating permits shall expire 180 days after the | 16 | | date of such a request.
Before July 1, 1998, the Board shall | 17 | | revise its rules for the existing State
air pollution operating | 18 | | permit program consistent with this paragraph and shall
adopt | 19 | | rules that require a source to demonstrate that it qualifies | 20 | | for a permit
under this paragraph.
| 21 | | (b) The Agency may issue NPDES permits exclusively under | 22 | | this
subsection for the discharge of contaminants from point | 23 | | sources into
navigable waters, all as defined in the Federal | 24 | | Water Pollution Control
Act, as now or hereafter amended, | 25 | | within the jurisdiction of the
State, or into any well.
| 26 | | All NPDES permits shall contain those terms and conditions, |
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| 1 | | including
but not limited to schedules of compliance, which may | 2 | | be required to
accomplish the purposes and provisions of this | 3 | | Act.
| 4 | | The Agency may issue general NPDES permits for discharges | 5 | | from categories
of point sources which are subject to the same | 6 | | permit limitations and
conditions. Such general permits may be | 7 | | issued without individual
applications and shall conform to | 8 | | regulations promulgated under Section 402
of the Federal Water | 9 | | Pollution Control Act, as now or hereafter amended.
| 10 | | The Agency may include, among such conditions, effluent | 11 | | limitations
and other requirements established under this Act, | 12 | | Board regulations,
the Federal Water Pollution Control Act, as | 13 | | now or hereafter amended, and
regulations pursuant thereto, and | 14 | | schedules for achieving compliance
therewith at the earliest | 15 | | reasonable date.
| 16 | | The Agency shall adopt filing requirements and procedures | 17 | | which are
necessary and appropriate for the issuance of NPDES | 18 | | permits, and which
are consistent with the Act or regulations | 19 | | adopted by the Board, and
with the Federal Water Pollution | 20 | | Control Act, as now or hereafter
amended, and regulations | 21 | | pursuant thereto.
| 22 | | The Agency, subject to any conditions which may be | 23 | | prescribed by
Board regulations, may issue NPDES permits to | 24 | | allow discharges beyond
deadlines established by this Act or by | 25 | | regulations of the Board without
the requirement of a variance, | 26 | | subject to the Federal Water Pollution
Control Act, as now or |
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| 1 | | hereafter amended, and regulations pursuant thereto.
| 2 | | (c) Except for those facilities owned or operated by | 3 | | sanitary districts
organized under the Metropolitan Water | 4 | | Reclamation District Act, no
permit for the development or | 5 | | construction of a new pollution control
facility may be granted | 6 | | by the Agency unless the applicant submits proof to the
Agency | 7 | | that the location of the facility has been approved by the | 8 | | County Board
of the county if in an unincorporated area, or the | 9 | | governing body of the
municipality when in an incorporated | 10 | | area, in which the facility is to be
located in accordance with | 11 | | Section 39.2 of this Act. For purposes of this subsection (c), | 12 | | and for purposes of Section 39.2 of this Act, the appropriate | 13 | | county board or governing body of the municipality shall be the | 14 | | county board of the county or the governing body of the | 15 | | municipality in which the facility is to be located as of the | 16 | | date when the application for siting approval is filed.
| 17 | | In the event that siting approval granted pursuant to | 18 | | Section 39.2 has
been transferred to a subsequent owner or | 19 | | operator, that subsequent owner or
operator may apply to the | 20 | | Agency for, and the Agency may grant, a development
or | 21 | | construction permit for the facility for which local siting | 22 | | approval was
granted. Upon application to the Agency for a | 23 | | development or
construction permit by that subsequent owner or | 24 | | operator,
the permit applicant shall cause written notice of | 25 | | the permit application
to be served upon the appropriate county | 26 | | board or governing body of the
municipality that granted siting |
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| 1 | | approval for that facility and upon any party
to the siting | 2 | | proceeding pursuant to which siting approval was granted. In
| 3 | | that event, the Agency shall conduct an evaluation of the | 4 | | subsequent owner or
operator's prior experience in waste | 5 | | management operations in the manner
conducted under subsection | 6 | | (i) of Section 39 of this Act.
| 7 | | Beginning August 20, 1993, if the pollution control | 8 | | facility consists of a
hazardous or solid waste disposal | 9 | | facility for which the proposed site is
located in an | 10 | | unincorporated area of a county with a population of less than
| 11 | | 100,000 and includes all or a portion of a parcel of land that | 12 | | was, on April 1,
1993, adjacent to a municipality having a | 13 | | population of less than 5,000, then
the local siting review | 14 | | required under this subsection (c) in conjunction with
any | 15 | | permit applied for after that date shall be performed by the | 16 | | governing body
of that adjacent municipality rather than the | 17 | | county board of the county in
which the proposed site is | 18 | | located; and for the purposes of that local siting
review, any | 19 | | references in this Act to the county board shall be deemed to | 20 | | mean
the governing body of that adjacent municipality; | 21 | | provided, however, that the
provisions of this paragraph shall | 22 | | not apply to any proposed site which was, on
April 1, 1993, | 23 | | owned in whole or in part by another municipality.
| 24 | | In the case of a pollution control facility for which a
| 25 | | development permit was issued before November 12, 1981, if an | 26 | | operating
permit has not been issued by the Agency prior to |
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| 1 | | August 31, 1989 for
any portion of the facility, then the | 2 | | Agency may not issue or renew any
development permit nor issue | 3 | | an original operating permit for any portion of
such facility | 4 | | unless the applicant has submitted proof to the Agency that the
| 5 | | location of the facility has been approved by the appropriate | 6 | | county board or
municipal governing body pursuant to Section | 7 | | 39.2 of this Act.
| 8 | | After January 1, 1994, if a solid waste
disposal facility, | 9 | | any portion for which an operating permit has been issued by
| 10 | | the Agency, has not accepted waste disposal for 5 or more | 11 | | consecutive calendars
years, before that facility may accept | 12 | | any new or additional waste for
disposal, the owner and | 13 | | operator must obtain a new operating permit under this
Act for | 14 | | that facility unless the owner and operator have applied to the | 15 | | Agency
for a permit authorizing the temporary suspension of | 16 | | waste acceptance. The
Agency may not issue a new operation | 17 | | permit under this Act for the facility
unless the applicant has | 18 | | submitted proof to the Agency that the location of the
facility | 19 | | has been approved or re-approved by the appropriate county | 20 | | board or
municipal governing body under Section 39.2 of this | 21 | | Act after the facility
ceased accepting waste.
| 22 | | Except for those facilities owned or operated by sanitary | 23 | | districts
organized under the Metropolitan Water Reclamation | 24 | | District Act, and
except for new pollution control facilities | 25 | | governed by Section 39.2,
and except for fossil fuel mining | 26 | | facilities, the granting of a permit under
this Act shall not |
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| 1 | | relieve the applicant from meeting and securing all
necessary | 2 | | zoning approvals from the unit of government having zoning
| 3 | | jurisdiction over the proposed facility.
| 4 | | Before beginning construction on any new sewage treatment | 5 | | plant or sludge
drying site to be owned or operated by a | 6 | | sanitary district organized under
the Metropolitan Water | 7 | | Reclamation District Act for which a new
permit (rather than | 8 | | the renewal or amendment of an existing permit) is
required, | 9 | | such sanitary district shall hold a public hearing within the
| 10 | | municipality within which the proposed facility is to be | 11 | | located, or within the
nearest community if the proposed | 12 | | facility is to be located within an
unincorporated area, at | 13 | | which information concerning the proposed facility
shall be | 14 | | made available to the public, and members of the public shall | 15 | | be given
the opportunity to express their views concerning the | 16 | | proposed facility.
| 17 | | The Agency may issue a permit for a municipal waste | 18 | | transfer station
without requiring approval pursuant to | 19 | | Section 39.2 provided that the following
demonstration is made:
| 20 | | (1) the municipal waste transfer station was in | 21 | | existence on or before
January 1, 1979 and was in | 22 | | continuous operation from January 1, 1979 to January
1, | 23 | | 1993;
| 24 | | (2) the operator submitted a permit application to the | 25 | | Agency to develop
and operate the municipal waste transfer | 26 | | station during April of 1994;
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| 1 | | (3) the operator can demonstrate that the county board | 2 | | of the county, if
the municipal waste transfer station is | 3 | | in an unincorporated area, or the
governing body of the | 4 | | municipality, if the station is in an incorporated area,
| 5 | | does not object to resumption of the operation of the | 6 | | station; and
| 7 | | (4) the site has local zoning approval.
| 8 | | (d) The Agency may issue RCRA permits exclusively under | 9 | | this
subsection to persons owning or operating a facility for | 10 | | the treatment,
storage, or disposal of hazardous waste as | 11 | | defined under this Act.
| 12 | | All RCRA permits shall contain those terms and conditions, | 13 | | including but
not limited to schedules of compliance, which may | 14 | | be required to accomplish
the purposes and provisions of this | 15 | | Act. The Agency may include among such
conditions standards and | 16 | | other requirements established under this Act,
Board | 17 | | regulations, the Resource Conservation and Recovery Act of 1976 | 18 | | (P.L.
94-580), as amended, and regulations pursuant thereto, | 19 | | and may include
schedules for achieving compliance therewith as | 20 | | soon as possible. The
Agency shall require that a performance | 21 | | bond or other security be provided
as a condition for the | 22 | | issuance of a RCRA permit.
| 23 | | In the case of a permit to operate a hazardous waste or PCB | 24 | | incinerator
as defined in subsection (k) of Section 44, the | 25 | | Agency shall require, as a
condition of the permit, that the | 26 | | operator of the facility perform such
analyses of the waste to |
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| 1 | | be incinerated as may be necessary and appropriate
to ensure | 2 | | the safe operation of the incinerator.
| 3 | | The Agency shall adopt filing requirements and procedures | 4 | | which
are necessary and appropriate for the issuance of RCRA | 5 | | permits, and which
are consistent with the Act or regulations | 6 | | adopted by the Board, and with
the Resource Conservation and | 7 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 8 | | pursuant thereto.
| 9 | | The applicant shall make available to the public for | 10 | | inspection all
documents submitted by the applicant to the | 11 | | Agency in furtherance
of an application, with the exception of | 12 | | trade secrets, at the office of
the county board or governing | 13 | | body of the municipality. Such documents
may be copied upon | 14 | | payment of the actual cost of reproduction during regular
| 15 | | business hours of the local office. The Agency shall issue a | 16 | | written statement
concurrent with its grant or denial of the | 17 | | permit explaining the basis for its
decision.
| 18 | | (e) The Agency may issue UIC permits exclusively under this
| 19 | | subsection to persons owning or operating a facility for the | 20 | | underground
injection of contaminants as defined under this | 21 | | Act.
| 22 | | All UIC permits shall contain those terms and conditions, | 23 | | including but
not limited to schedules of compliance, which may | 24 | | be required to accomplish
the purposes and provisions of this | 25 | | Act. The Agency may include among such
conditions standards and | 26 | | other requirements established under this Act,
Board |
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| 1 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as | 2 | | amended,
and regulations pursuant thereto, and may include | 3 | | schedules for achieving
compliance therewith. The Agency shall | 4 | | require that a performance bond or
other security be provided | 5 | | as a condition for the issuance of a UIC permit.
| 6 | | The Agency shall adopt filing requirements and procedures | 7 | | which
are necessary and appropriate for the issuance of UIC | 8 | | permits, and which
are consistent with the Act or regulations | 9 | | adopted by the Board, and with
the Safe Drinking Water Act | 10 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 11 | | The applicant shall make available to the public for | 12 | | inspection, all
documents submitted by the applicant to the | 13 | | Agency in furtherance of an
application, with the exception of | 14 | | trade secrets, at the office of the county
board or governing | 15 | | body of the municipality. Such documents may be copied upon
| 16 | | payment of the actual cost of reproduction during regular | 17 | | business hours of the
local office. The Agency shall issue a | 18 | | written statement concurrent with its
grant or denial of the | 19 | | permit explaining the basis for its decision.
| 20 | | (f) In making any determination pursuant to Section 9.1 of | 21 | | this Act:
| 22 | | (1) The Agency shall have authority to make the | 23 | | determination of any
question required to be determined by | 24 | | the Clean Air Act, as now or
hereafter amended, this Act, | 25 | | or the regulations of the Board, including the
| 26 | | determination of the Lowest Achievable Emission Rate, |
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| 1 | | Maximum Achievable
Control Technology, or Best Available | 2 | | Control Technology, consistent with the
Board's | 3 | | regulations, if any.
| 4 | | (2) The Agency shall, after conferring with the | 5 | | applicant, give written
notice to the applicant of its | 6 | | proposed decision on the application including
the terms | 7 | | and conditions of the permit to be issued and the facts, | 8 | | conduct
or other basis upon which the Agency will rely to | 9 | | support its proposed action.
| 10 | | (3) Following such notice, the Agency shall give the | 11 | | applicant an
opportunity for a hearing in accordance with | 12 | | the provisions of Sections
10-25 through 10-60 of the | 13 | | Illinois Administrative Procedure Act.
| 14 | | (g) The Agency shall include as conditions upon all permits | 15 | | issued for
hazardous waste disposal sites such restrictions | 16 | | upon the future use
of such sites as are reasonably necessary | 17 | | to protect public health and
the environment, including | 18 | | permanent prohibition of the use of such
sites for purposes | 19 | | which may create an unreasonable risk of injury to human
health | 20 | | or to the environment. After administrative and judicial | 21 | | challenges
to such restrictions have been exhausted, the Agency | 22 | | shall file such
restrictions of record in the Office of the | 23 | | Recorder of the county in which
the hazardous waste disposal | 24 | | site is located.
| 25 | | (h) A hazardous waste stream may not be deposited in a | 26 | | permitted hazardous
waste site unless specific authorization |
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| 1 | | is obtained from the Agency by the
generator and disposal site | 2 | | owner and operator for the deposit of that specific
hazardous | 3 | | waste stream. The Agency may grant specific authorization for
| 4 | | disposal of hazardous waste streams only after the generator | 5 | | has reasonably
demonstrated that, considering
technological | 6 | | feasibility and economic reasonableness, the hazardous waste
| 7 | | cannot be reasonably recycled for reuse, nor incinerated or | 8 | | chemically,
physically or biologically treated so as to | 9 | | neutralize the hazardous waste
and render it nonhazardous. In | 10 | | granting authorization under this Section,
the Agency may | 11 | | impose such conditions as may be necessary to accomplish
the | 12 | | purposes of the Act and are consistent with this Act and | 13 | | regulations
promulgated by the Board hereunder. If the Agency | 14 | | refuses to grant
authorization under this Section, the | 15 | | applicant may appeal as if the Agency
refused to grant a | 16 | | permit, pursuant to the provisions of subsection (a) of
Section | 17 | | 40 of this Act. For purposes of this subsection (h), the term
| 18 | | "generator" has the meaning given in Section 3.205 of this Act,
| 19 | | unless: (1) the hazardous waste is treated, incinerated, or | 20 | | partially recycled
for reuse prior to disposal, in which case | 21 | | the last person who treats,
incinerates, or partially recycles | 22 | | the hazardous waste prior to disposal is the
generator; or (2) | 23 | | the hazardous waste is from a response action, in which case
| 24 | | the person performing the response action is the generator. | 25 | | This subsection
(h) does not apply to any hazardous waste that | 26 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
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| 1 | | (i) Before issuing any RCRA permit, any permit for a waste | 2 | | storage site,
sanitary landfill, waste disposal site, waste | 3 | | transfer station, waste treatment
facility, waste incinerator, | 4 | | or any waste-transportation operation, or any permit or interim | 5 | | authorization for a clean construction or demolition debris | 6 | | fill operation, the Agency
shall conduct an evaluation of the | 7 | | prospective owner's or operator's prior
experience in waste | 8 | | management operations and clean construction or demolition | 9 | | debris fill operations. The Agency may deny such a permit, or | 10 | | deny or revoke interim authorization,
if the prospective owner | 11 | | or operator or any employee or officer of the
prospective owner | 12 | | or operator has a history of:
| 13 | | (1) repeated violations of federal, State, or local | 14 | | laws, regulations,
standards, or ordinances in the | 15 | | operation of waste management facilities or
sites or clean | 16 | | construction or demolition debris fill operation | 17 | | facilities or sites; or
| 18 | | (2) conviction in this or another State of any crime | 19 | | which is a felony
under the laws of this State, or | 20 | | conviction of a felony in a federal court; or conviction in | 21 | | this or another state or federal court of any of the | 22 | | following crimes: forgery, official misconduct, bribery, | 23 | | perjury, or knowingly submitting false information under | 24 | | any environmental law, regulation, or permit term or | 25 | | condition; or
| 26 | | (3) proof of gross carelessness or incompetence in |
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| 1 | | handling, storing,
processing, transporting or disposing | 2 | | of waste or clean construction or demolition debris, or | 3 | | proof of gross carelessness or incompetence in using clean | 4 | | construction or demolition debris as fill.
| 5 | | (i-5) Before issuing any permit or approving any interim | 6 | | authorization for a clean construction or demolition debris | 7 | | fill operation in which any ownership interest is transferred | 8 | | between January 1, 2005, and the effective date of the | 9 | | prohibition set forth in Section 22.52 of this Act, the Agency | 10 | | shall conduct an evaluation of the operation if any previous | 11 | | activities at the site or facility may have caused or allowed | 12 | | contamination of the site. It shall be the responsibility of | 13 | | the owner or operator seeking the permit or interim | 14 | | authorization to provide to the Agency all of the information | 15 | | necessary for the Agency to conduct its evaluation. The Agency | 16 | | may deny a permit or interim authorization if previous | 17 | | activities at the site may have caused or allowed contamination | 18 | | at the site, unless such contamination is authorized under any | 19 | | permit issued by the Agency.
| 20 | | (j) The issuance under this Act of a permit to engage in | 21 | | the surface mining
of any resources other than fossil fuels | 22 | | shall not relieve
the permittee from its duty to comply with | 23 | | any applicable local law regulating
the commencement, location | 24 | | or operation of surface mining facilities.
| 25 | | (k) A development permit issued under subsection (a) of | 26 | | Section 39 for any
facility or site which is required to have a |
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| 1 | | permit under subsection (d) of
Section 21 shall expire at the | 2 | | end of 2 calendar years from the date upon which
it was issued, | 3 | | unless within that period the applicant has taken action to
| 4 | | develop the facility or the site. In the event that review of | 5 | | the
conditions of the development permit is sought pursuant to | 6 | | Section 40 or
41, or permittee is prevented from commencing | 7 | | development of the facility
or site by any other litigation | 8 | | beyond the permittee's control, such
two-year period shall be | 9 | | deemed to begin on the date upon which such review
process or | 10 | | litigation is concluded.
| 11 | | (l) No permit shall be issued by the Agency under this Act | 12 | | for
construction or operation of any facility or site located | 13 | | within the
boundaries of any setback zone established pursuant | 14 | | to this Act, where such
construction or operation is | 15 | | prohibited.
| 16 | | (m) The Agency may issue permits to persons owning or | 17 | | operating
a facility for composting landscape waste. In | 18 | | granting such permits, the Agency
may impose such conditions as | 19 | | may be necessary to accomplish the purposes of
this Act, and as | 20 | | are not inconsistent with applicable regulations promulgated
| 21 | | by the Board. Except as otherwise provided in this Act, a bond | 22 | | or other
security shall not be required as a condition for the | 23 | | issuance of a permit. If
the Agency denies any permit pursuant | 24 | | to this subsection, the Agency shall
transmit to the applicant | 25 | | within the time limitations of this subsection
specific, | 26 | | detailed statements as to the reasons the permit application |
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| 1 | | was
denied. Such statements shall include but not be limited to | 2 | | the following:
| 3 | | (1) the Sections of this Act that may be violated if | 4 | | the permit
were granted;
| 5 | | (2) the specific regulations promulgated pursuant to | 6 | | this
Act that may be violated if the permit were granted;
| 7 | | (3) the specific information, if any, the Agency deems | 8 | | the
applicant did not provide in its application to the | 9 | | Agency; and
| 10 | | (4) a statement of specific reasons why the Act and the | 11 | | regulations
might be violated if the permit were granted.
| 12 | | If no final action is taken by the Agency within 90 days | 13 | | after the filing
of the application for permit, the applicant | 14 | | may deem the permit issued.
Any applicant for a permit may | 15 | | waive the 90 day limitation by filing a
written statement with | 16 | | the Agency.
| 17 | | The Agency shall issue permits for such facilities upon | 18 | | receipt of an
application that includes a legal description of | 19 | | the site, a topographic
map of the site drawn to the scale of | 20 | | 200 feet to the inch or larger, a
description of the operation, | 21 | | including the area served, an estimate of
the volume of | 22 | | materials to be processed, and documentation that:
| 23 | | (1) the facility includes a setback of at
least 200 | 24 | | feet from the nearest potable water supply well;
| 25 | | (2) the facility is located outside the boundary
of the | 26 | | 10-year floodplain or the site will be floodproofed;
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| 1 | | (3) the facility is located so as to minimize
| 2 | | incompatibility with the character of the surrounding | 3 | | area, including at
least a 200 foot setback from any | 4 | | residence, and in the case of a
facility that is developed | 5 | | or the permitted composting area of which is
expanded after | 6 | | November 17, 1991, the composting area is located at least | 7 | | 1/8
mile from the nearest residence (other than a residence | 8 | | located on the same
property as the facility);
| 9 | | (4) the design of the facility will prevent any compost | 10 | | material from
being placed within 5 feet of the water | 11 | | table, will adequately control runoff
from the site, and | 12 | | will collect and manage any leachate that is generated on
| 13 | | the site;
| 14 | | (5) the operation of the facility will include | 15 | | appropriate dust
and odor control measures, limitations on | 16 | | operating hours, appropriate
noise control measures for | 17 | | shredding, chipping and similar equipment,
management | 18 | | procedures for composting, containment and disposal of
| 19 | | non-compostable wastes, procedures to be used for
| 20 | | terminating operations at the site, and recordkeeping | 21 | | sufficient to
document the amount of materials received, | 22 | | composted and otherwise
disposed of; and
| 23 | | (6) the operation will be conducted in accordance with | 24 | | any applicable
rules adopted by the Board.
| 25 | | The Agency shall issue renewable permits of not longer than | 26 | | 10 years
in duration for the composting of landscape wastes, as |
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| 1 | | defined in Section
3.155 of this Act, based on the above | 2 | | requirements.
| 3 | | The operator of any facility permitted under this | 4 | | subsection (m) must
submit a written annual statement to the | 5 | | Agency on or before April 1 of
each year that includes an | 6 | | estimate of the amount of material, in tons,
received for | 7 | | composting.
| 8 | | (n) The Agency shall issue permits jointly with the | 9 | | Department of
Transportation for the dredging or deposit of | 10 | | material in Lake Michigan in
accordance with Section 18 of the | 11 | | Rivers, Lakes, and Streams Act.
| 12 | | (o) (Blank.)
| 13 | | (o-1) Notwithstanding any provisions of this Act to the | 14 | | contrary, the Agency shall not grant a permit for a new | 15 | | pollution control facility over an aquifer that is the | 16 | | principal source of potable water for 50 or more municipalities | 17 | | that are located outside of the county where the proposed | 18 | | facility will be located unless the Board determines, based | 19 | | upon evidence presented at a public hearing conducted by the | 20 | | Board in accordance with this Section, that the operation of | 21 | | the facility at that location will not pose an unreasonable | 22 | | threat of contamination to that aquifer. | 23 | | For purposes of determining the applicability of this | 24 | | subsection (o-1), the Agency, upon receipt of an application | 25 | | for a permit for the establishment of a new pollution control | 26 | | facility shall make a determination, based upon a review of |
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| 1 | | technical and scientific information maintained by the | 2 | | Illinois Water Inventory Program of the Illinois State Water | 3 | | Survey's Center for Groundwater Science and by the Illinois | 4 | | State Geological Survey, as to whether the proposed facility | 5 | | would be located over an aquifer that provides a principal | 6 | | source of water for 50 or more municipalities located outside | 7 | | of the county where the facility will be located. | 8 | | An aquifer shall be deemed to provide a principal source of | 9 | | potable water for a municipality for purposes of this | 10 | | subsection (o-1) if the municipality is served by a community | 11 | | water supply, and that community water supply has, during the | 12 | | 12-month period immediately preceding the date of | 13 | | determination, obtained 50% or more of its potable water from | 14 | | that aquifer. | 15 | | In addition to any facilities that meet the definition of a | 16 | | "new pollution control facility" as defined elsewhere in this | 17 | | Act, for the purposes of this subsection (o-1), a "new | 18 | | pollution control facility" shall also include any existing | 19 | | pollution control facility that is the proposed location, | 20 | | pursuant to a pending application to the USEPA, for the | 21 | | disposal of Polychlorinated Biphenyls (PCBs) or PCB items at | 22 | | concentrations regulated by the Toxic Substances Control Act, | 23 | | pursuant to Subpart D of 40 C.F.R. 761. | 24 | | If the Agency determines that the proposed new pollution | 25 | | control facility is over an aquifer that provides a principal | 26 | | source of potable water for one or more municipalities located |
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| 1 | | outside of the county where the facility is located, the Agency | 2 | | shall (i) identify from records maintained by the Illinois | 3 | | State Water Survey each municipality that is located outside of | 4 | | the County that is provided a principal source of water from | 5 | | the aquifer in question, (ii) schedule a public hearing before | 6 | | the Board for the purpose of considering evidence on the issue | 7 | | of whether the operation of the facility will pose an | 8 | | unreasonable risk of contamination to the aquifer in question, | 9 | | and (iii) provide written notice of the time and date of the | 10 | | public hearing before the Board to the permit applicant and the | 11 | | mayor, village board president, or other chief executive | 12 | | officer of each municipality that has been identified as being | 13 | | served by a community water supply relying on the aquifer as a | 14 | | principal source of potable water. | 15 | | The hearing required under this subsection (o-1) shall | 16 | | be scheduled at least 90 days after the applicant and any | 17 | | interested parties have received notice of the hearing by | 18 | | certified mail, and no more than 120 days after receipt by the | 19 | | Agency of the application for the permit. At the conclusion of | 20 | | the hearing, the Board shall decide whether the proposed | 21 | | facility poses an unreasonable risk of contamination of the | 22 | | aquifer in question. In making that determination, the Board | 23 | | shall consider the following: | 24 | | (1) whether the aquifer in question is protected from | 25 | | contamination caused by any leaks of substances disposed of | 26 | | at the facility by a continuous formation of not less than |
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| 1 | | 50 feet of bedrock between the bottom of the facility and | 2 | | the aquifer; | 3 | | (2) whether the aquifer is separated vertically from | 4 | | the bottom of the proposed facility by at least 300 feet; | 5 | | (3) whether the municipality or municipalities that | 6 | | rely on the aquifer as a principal source of potable water | 7 | | have an available, alternative ground or surface water | 8 | | source for potable water that can be economically utilized | 9 | | to replace water from the aquifer if it becomes | 10 | | contaminated; and | 11 | | (4) whether materials that may be disposed of at the | 12 | | waste facility include any hazardous waste or special waste | 13 | | and, if so, (A) whether the applicant has demonstrated that | 14 | | there is an economically feasible means of | 15 | | de-contaminating the aquifer if it becomes contaminated by | 16 | | substances originating in such hazardous or special waste | 17 | | that has been disposed of at the facility; (B) whether the | 18 | | applicant has identified a secure source of funds that | 19 | | would be perpetually available and adequate to cover the | 20 | | costs for removing contamination originating from the | 21 | | facility from the aquifer; and (C) the length of time that | 22 | | any toxic or hazardous substances contained in any | 23 | | hazardous or special waste disposed of at the facility can | 24 | | be expected to persist in a chemical state and in | 25 | | concentrations that will pose a threat to human health if | 26 | | ingested. |
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| 1 | | The Board's decision shall be in writing, and shall be | 2 | | supported by written findings of fact as to each of the | 3 | | criteria to be considered. | 4 | | (p) (1) Any person submitting an application for a permit | 5 | | for a new MSWLF
unit or for a lateral expansion under | 6 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 7 | | unit that has not received and is not subject to local
siting | 8 | | approval under Section 39.2 of this Act shall publish notice of | 9 | | the
application in a newspaper of general circulation in the | 10 | | county in which the
MSWLF unit is or is proposed to be located. | 11 | | The notice must be published at
least 15 days before submission | 12 | | of the permit application to the Agency. The
notice shall state | 13 | | the name and address of the applicant, the location of the
| 14 | | MSWLF unit or proposed MSWLF unit, the nature and size of the | 15 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity | 16 | | proposed, the probable life of
the proposed activity, the date | 17 | | the permit application will be submitted, and a
statement that | 18 | | persons may file written comments with the Agency concerning | 19 | | the
permit application within 30 days after the filing of the | 20 | | permit application
unless the time period to submit comments is | 21 | | extended by the Agency.
| 22 | | When a permit applicant submits information to the Agency | 23 | | to supplement a
permit application being reviewed by the | 24 | | Agency, the applicant shall not be
required to reissue the | 25 | | notice under this subsection.
| 26 | | (2) The Agency shall accept written comments concerning the |
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| 1 | | permit
application that are postmarked no later than 30 days | 2 | | after the
filing of the permit application, unless the time | 3 | | period to accept comments is
extended by the Agency.
| 4 | | (3) Each applicant for a permit described in part (1) of | 5 | | this subsection
shall file a
copy of the permit application | 6 | | with the county board or governing body of the
municipality in | 7 | | which the MSWLF unit is or is proposed to be located at the
| 8 | | same time the application is submitted to the Agency. The | 9 | | permit application
filed with the county board or governing | 10 | | body of the municipality shall include
all documents submitted | 11 | | to or to be submitted to the Agency, except trade
secrets as | 12 | | determined under Section 7.1 of this Act. The permit | 13 | | application
and other documents on file with the county board | 14 | | or governing body of the
municipality shall be made available | 15 | | for public inspection during regular
business hours at the | 16 | | office of the county board or the governing body of the
| 17 | | municipality and may be copied upon payment of the actual cost | 18 | | of
reproduction.
| 19 | | (q) Within 6 months after the effective date of this | 20 | | amendatory Act of the 97th General Assembly, the Agency, in | 21 | | consultation with the regulated community, shall develop a web | 22 | | portal to be posted on its website for the purpose of enhancing | 23 | | review and promoting timely issuance of permits required by | 24 | | this Act. At a minimum, the Agency shall make the following | 25 | | information available on the web portal: | 26 | | (1) Checklists and guidance relating to the completion |
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| 1 | | of permit applications, developed pursuant to subsection | 2 | | (s) of this Section, which may include, but are not limited | 3 | | to, existing instructions for completing the applications | 4 | | and examples of complete applications. As the Agency | 5 | | develops new checklists and develops guidance, it shall | 6 | | supplement the web portal with those materials. | 7 | | (2) Within 2 years after the effective date of this | 8 | | amendatory Act of the 97th General Assembly, permit | 9 | | application forms or portions of permit applications that | 10 | | can be completed and saved electronically, and submitted to | 11 | | the Agency electronically with digital signatures. | 12 | | (3) Within 2 years after the effective date of this | 13 | | amendatory Act of the 97th General Assembly, an online | 14 | | tracking system where an applicant may review the status of | 15 | | its pending application, including the name and contact | 16 | | information of the permit analyst assigned to the | 17 | | application. Until the online tracking system has been | 18 | | developed, the Agency shall post on its website semi-annual | 19 | | permitting efficiency tracking reports that include | 20 | | statistics on the timeframes for Agency action on the | 21 | | following types of permits received after the effective | 22 | | date of this amendatory Act of the 97th General Assembly: | 23 | | air construction permits, new NPDES permits and associated | 24 | | water construction permits, and modifications of major | 25 | | NPDES permits and associated water construction permits. | 26 | | The reports must be posted by February 1 and August 1 each |
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| 1 | | year and shall include: | 2 | | (A) the number of applications received for each | 3 | | type of permit, the number of applications on which the | 4 | | Agency has taken action, and the number of applications | 5 | | still pending; and | 6 | | (B) for those applications where the Agency has not | 7 | | taken action in accordance with the timeframes set | 8 | | forth in this Act, the date the application was | 9 | | received and the reasons for any delays, which may | 10 | | include, but shall not be limited to, (i) the | 11 | | application being inadequate or incomplete, (ii) | 12 | | scientific or technical disagreements with the | 13 | | applicant, USEPA, or other local, state, or federal | 14 | | agencies involved in the permitting approval process, | 15 | | (iii) public opposition to the permit, or (iv) Agency | 16 | | staffing shortages. To the extent practicable, the | 17 | | tracking report shall provide approximate dates when | 18 | | cause for delay was identified by the Agency, when the | 19 | | Agency informed the applicant of the problem leading to | 20 | | the delay, and when the applicant remedied the reason | 21 | | for the delay. | 22 | | (r) Upon the request of the applicant, the Agency shall | 23 | | notify the applicant of the permit analyst assigned to the | 24 | | application upon its receipt. | 25 | | (s) The Agency is authorized to prepare and distribute | 26 | | guidance documents relating to its administration of this |
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| 1 | | Section and procedural rules implementing this Section. | 2 | | Guidance documents prepared under this subsection shall not be | 3 | | considered rules and shall not be subject to the Illinois | 4 | | Administrative Procedure Act. Such guidance shall not be | 5 | | binding on any party. | 6 | | (t) Except as otherwise prohibited by federal law or | 7 | | regulation, any person submitting an application for a permit | 8 | | may include with the application suggested permit language for | 9 | | Agency consideration. The Agency is not obligated to use the | 10 | | suggested language or any portion thereof in its permitting | 11 | | decision. If requested by the permit applicant, the Agency | 12 | | shall meet with the applicant to discuss the suggested | 13 | | language. | 14 | | (u) If requested by the permit applicant, the Agency shall | 15 | | provide the permit applicant with a copy of the draft permit | 16 | | prior to any public review period. | 17 | | (v) If requested by the permit applicant, the Agency shall | 18 | | provide the permit applicant with a copy of the final permit | 19 | | prior to its issuance. | 20 | | (w) An air pollution permit shall not be required due to | 21 | | emissions of greenhouse gases, as specified by Section 9.15 of | 22 | | this Act. | 23 | | (Source: P.A. 97-95, eff. 7-12-11.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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