Full Text of SB0009 101st General Assembly
SB0009ham001 101ST GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 5/22/2019
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| 1 | | AMENDMENT TO SENATE BILL 9
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 9, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Environmental Protection Act is amended by | 6 | | changing Sections 3.140, 21, 39, and 40 and by adding Sections | 7 | | 3.142, 3.143, and 22.59 as follows:
| 8 | | (415 ILCS 5/3.140) (was 415 ILCS 5/3.76)
| 9 | | Sec. 3.140. Coal combustion waste. "Coal combustion waste"
| 10 | | means any CCR or any fly ash, bottom ash, slag, or flue gas or | 11 | | fluid bed boiler
desulfurization by-products generated as a | 12 | | result of the combustion of:
| 13 | | (1) coal, or
| 14 | | (2) coal in combination with: (i) fuel grade petroleum | 15 | | coke, (ii) other
fossil fuel, or (iii) both fuel grade | 16 | | petroleum coke and other fossil fuel, or
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| 1 | | (3) coal (with or without: (i) fuel grade petroleum coke, | 2 | | (ii) other
fossil fuel, or (iii) both fuel grade petroleum coke | 3 | | and other fossil fuel)
in combination with no more than 20% of | 4 | | tire derived fuel or wood or other
materials by weight of the | 5 | | materials combusted; provided that the coal is
burned with | 6 | | other materials, the Agency has made a written determination | 7 | | that
the storage or disposal of the resultant wastes in | 8 | | accordance with the
provisions of item (r) of Section 21 would | 9 | | result in no environmental impact
greater than that of wastes | 10 | | generated as a result of the combustion of coal
alone, and the | 11 | | storage disposal of the resultant wastes would not violate
| 12 | | applicable federal law.
| 13 | | (Source: P.A. 92-574, eff. 6-26-02.)
| 14 | | (415 ILCS 5/3.142 new) | 15 | | Sec. 3.142. Coal combustion residual; CCR. "Coal | 16 | | combustion residual" or "CCR" means fly ash, bottom ash, boiler | 17 | | slag, and flue gas desulfurization materials generated from | 18 | | burning coal for the purpose of generating electricity by | 19 | | electric utilities and independent power producers. | 20 | | (415 ILCS 5/3.143 new) | 21 | | Sec. 3.143. CCR surface impoundment. "CCR surface | 22 | | impoundment" means a natural topographic depression, man-made | 23 | | excavation, or diked area, which is designed to hold an | 24 | | accumulation of CCR and liquids, and the unit treats, stores, |
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| 1 | | or disposes of CCR.
| 2 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 3 | | Sec. 21. Prohibited acts. No person shall:
| 4 | | (a) Cause or allow the open dumping of any waste.
| 5 | | (b) Abandon, dump, or deposit any waste upon the public | 6 | | highways or
other public property, except in a sanitary | 7 | | landfill approved by the
Agency pursuant to regulations adopted | 8 | | by the Board.
| 9 | | (c) Abandon any vehicle in violation of the "Abandoned | 10 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 11 | | the 76th General
Assembly.
| 12 | | (d) Conduct any waste-storage, waste-treatment, or | 13 | | waste-disposal
operation:
| 14 | | (1) without a permit granted by the Agency or in | 15 | | violation of any
conditions imposed by such permit, | 16 | | including periodic reports and full
access to adequate | 17 | | records and the inspection of facilities, as may be
| 18 | | necessary to assure compliance with this Act and with | 19 | | regulations and
standards adopted thereunder; provided, | 20 | | however, that, except for municipal
solid waste landfill | 21 | | units that receive waste on or after October 9, 1993, and | 22 | | CCR surface impoundments,
no permit shall be
required for | 23 | | (i) any person conducting a waste-storage, | 24 | | waste-treatment, or
waste-disposal operation for wastes | 25 | | generated by such person's own
activities which are stored, |
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| 1 | | treated, or disposed within the site where
such wastes are | 2 | | generated, or (ii)
a facility located in a county with a
| 3 | | population over 700,000 as of January 1, 2000, operated and | 4 | | located in accordance with
Section 22.38 of this Act, and | 5 | | used exclusively for the transfer, storage, or
treatment of | 6 | | general construction or demolition debris, provided that | 7 | | the facility was receiving construction or demolition | 8 | | debris on the effective date of this amendatory Act of the | 9 | | 96th General Assembly;
| 10 | | (2) in violation of any regulations or standards | 11 | | adopted by the
Board under this Act; or
| 12 | | (3) which receives waste after August 31, 1988, does | 13 | | not have a permit
issued by the Agency, and is (i) a | 14 | | landfill used exclusively for the
disposal of waste | 15 | | generated at the site, (ii) a surface impoundment
receiving | 16 | | special waste not listed in an NPDES permit, (iii) a waste | 17 | | pile
in which the total volume of waste is greater than 100 | 18 | | cubic yards or the
waste is stored for over one year, or | 19 | | (iv) a land treatment facility
receiving special waste | 20 | | generated at the site; without giving notice of the
| 21 | | operation to the Agency by January 1, 1989, or 30 days | 22 | | after the date on
which the operation commences, whichever | 23 | | is later, and every 3 years
thereafter. The form for such | 24 | | notification shall be specified by the
Agency, and shall be | 25 | | limited to information regarding: the name and address
of | 26 | | the location of the operation; the type of operation; the |
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| 1 | | types and
amounts of waste stored, treated or disposed of | 2 | | on an annual basis; the
remaining capacity of the | 3 | | operation; and the remaining expected life of
the | 4 | | operation.
| 5 | | Item (3) of this subsection (d) shall not apply to any | 6 | | person
engaged in agricultural activity who is disposing of a | 7 | | substance that
constitutes solid waste, if the substance was | 8 | | acquired for use by that
person on his own property, and the | 9 | | substance is disposed of on his own
property in accordance with | 10 | | regulations or standards adopted by the Board.
| 11 | | This subsection (d) shall not apply to hazardous waste.
| 12 | | (e) Dispose, treat, store or abandon any waste, or | 13 | | transport any waste
into this State for disposal, treatment, | 14 | | storage or abandonment, except at
a site or facility which | 15 | | meets the requirements of this Act and of
regulations and | 16 | | standards thereunder.
| 17 | | (f) Conduct any hazardous waste-storage, hazardous | 18 | | waste-treatment or
hazardous waste-disposal operation:
| 19 | | (1) without a RCRA permit for the site issued by the | 20 | | Agency under
subsection (d) of Section 39 of this Act, or | 21 | | in violation of any condition
imposed by such permit, | 22 | | including periodic reports and full access to
adequate | 23 | | records and the inspection of facilities, as may be | 24 | | necessary to
assure compliance with this Act and with | 25 | | regulations and standards adopted
thereunder; or
| 26 | | (2) in violation of any regulations or standards |
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| 1 | | adopted by the Board
under this Act; or
| 2 | | (3) in violation of any RCRA permit filing requirement | 3 | | established under
standards adopted by the Board under this | 4 | | Act; or
| 5 | | (4) in violation of any order adopted by the Board | 6 | | under this Act.
| 7 | | Notwithstanding the above, no RCRA permit shall be required | 8 | | under this
subsection or subsection (d) of Section 39 of this | 9 | | Act for any
person engaged in agricultural activity who is | 10 | | disposing of a substance
which has been identified as a | 11 | | hazardous waste, and which has been
designated by Board | 12 | | regulations as being subject to this exception, if the
| 13 | | substance was acquired for use by that person on his own | 14 | | property and the
substance is disposed of on his own property | 15 | | in accordance with regulations
or standards adopted by the | 16 | | Board.
| 17 | | (g) Conduct any hazardous waste-transportation operation:
| 18 | | (1) without registering with and obtaining a special | 19 | | waste hauling permit from the Agency in
accordance with the | 20 | | regulations adopted by the Board under this Act; or
| 21 | | (2) in violation of any regulations or standards | 22 | | adopted by
the
Board under this Act.
| 23 | | (h) Conduct any hazardous waste-recycling or hazardous | 24 | | waste-reclamation
or hazardous waste-reuse operation in | 25 | | violation of any regulations, standards
or permit requirements | 26 | | adopted by the Board under this Act.
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| 1 | | (i) Conduct any process or engage in any act which produces | 2 | | hazardous
waste in violation of any regulations or standards | 3 | | adopted by the Board
under subsections (a) and (c) of Section | 4 | | 22.4 of this Act.
| 5 | | (j) Conduct any special waste transportation operation in | 6 | | violation
of any regulations, standards or permit requirements | 7 | | adopted by the Board
under this Act. However, sludge from a | 8 | | water or sewage treatment plant
owned and operated by a unit of | 9 | | local government which (1) is subject to a
sludge management | 10 | | plan approved by the Agency or a permit granted by the
Agency, | 11 | | and (2) has been tested and determined not to be a hazardous | 12 | | waste
as required by applicable State and federal laws and | 13 | | regulations, may be
transported in this State without a special | 14 | | waste hauling permit, and the
preparation and carrying of a | 15 | | manifest shall not be required for such
sludge under the rules | 16 | | of the Pollution Control Board. The unit of local
government | 17 | | which operates the treatment plant producing such sludge shall
| 18 | | file an annual report with the Agency identifying the volume of | 19 | | such
sludge transported during the reporting period, the hauler | 20 | | of the sludge,
and the disposal sites to which it was | 21 | | transported. This subsection (j)
shall not apply to hazardous | 22 | | waste.
| 23 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 24 | | (l) Locate a hazardous waste disposal site above an active | 25 | | or
inactive shaft or tunneled mine or within 2 miles of an | 26 | | active fault in
the earth's crust. In counties of population |
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| 1 | | less than 225,000 no
hazardous waste disposal site shall be | 2 | | located (1) within 1 1/2 miles of
the corporate limits as | 3 | | defined on June 30, 1978, of any municipality
without the | 4 | | approval of the governing body of the municipality in an
| 5 | | official action; or (2) within 1000 feet of an existing private | 6 | | well or
the existing source of a public water supply measured | 7 | | from the boundary
of the actual active permitted site and | 8 | | excluding existing private wells
on the property of the permit | 9 | | applicant. The provisions of this
subsection do not apply to | 10 | | publicly-owned sewage works or the disposal
or utilization of | 11 | | sludge from publicly-owned sewage works.
| 12 | | (m) Transfer interest in any land which has been used as a
| 13 | | hazardous waste disposal site without written notification to | 14 | | the Agency
of the transfer and to the transferee of the | 15 | | conditions imposed by the Agency
upon its use under subsection | 16 | | (g) of Section 39.
| 17 | | (n) Use any land which has been used as a hazardous waste
| 18 | | disposal site except in compliance with conditions imposed by | 19 | | the Agency
under subsection (g) of Section 39.
| 20 | | (o) Conduct a sanitary landfill operation which is required | 21 | | to have a
permit under subsection (d) of this Section, in a | 22 | | manner which results in
any of the following conditions:
| 23 | | (1) refuse in standing or flowing waters;
| 24 | | (2) leachate flows entering waters of the State;
| 25 | | (3) leachate flows exiting the landfill confines (as | 26 | | determined by the
boundaries established for the landfill |
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| 1 | | by a permit issued by the Agency);
| 2 | | (4) open burning of refuse in violation of Section 9 of | 3 | | this Act;
| 4 | | (5) uncovered refuse remaining from any previous | 5 | | operating day or at the
conclusion of any operating day, | 6 | | unless authorized by permit;
| 7 | | (6) failure to provide final cover within time limits | 8 | | established by
Board regulations;
| 9 | | (7) acceptance of wastes without necessary permits;
| 10 | | (8) scavenging as defined by Board regulations;
| 11 | | (9) deposition of refuse in any unpermitted portion of | 12 | | the landfill;
| 13 | | (10) acceptance of a special waste without a required | 14 | | manifest;
| 15 | | (11) failure to submit reports required by permits or | 16 | | Board regulations;
| 17 | | (12) failure to collect and contain litter from the | 18 | | site by the end of
each operating day;
| 19 | | (13) failure to submit any cost estimate for the site | 20 | | or any performance
bond or other security for the site as | 21 | | required by this Act or Board rules.
| 22 | | The prohibitions specified in this subsection (o) shall be | 23 | | enforceable by
the Agency either by administrative citation | 24 | | under Section 31.1 of this Act
or as otherwise provided by this | 25 | | Act. The specific prohibitions in this
subsection do not limit | 26 | | the power of the Board to establish regulations
or standards |
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| 1 | | applicable to sanitary landfills.
| 2 | | (p) In violation of subdivision (a) of this Section, cause | 3 | | or allow the
open dumping of any waste in a manner which | 4 | | results in any of the following
occurrences at the dump site:
| 5 | | (1) litter;
| 6 | | (2) scavenging;
| 7 | | (3) open burning;
| 8 | | (4) deposition of waste in standing or flowing waters;
| 9 | | (5) proliferation of disease vectors;
| 10 | | (6) standing or flowing liquid discharge from the dump | 11 | | site;
| 12 | | (7) deposition of:
| 13 | | (i) general construction or demolition debris as | 14 | | defined in Section
3.160(a) of this Act; or
| 15 | | (ii) clean construction or demolition debris as | 16 | | defined in Section
3.160(b) of this Act.
| 17 | | The prohibitions specified in this subsection (p) shall be
| 18 | | enforceable by the Agency either by administrative citation | 19 | | under Section
31.1 of this Act or as otherwise provided by this | 20 | | Act. The specific
prohibitions in this subsection do not limit | 21 | | the power of the Board to
establish regulations or standards | 22 | | applicable to open dumping.
| 23 | | (q) Conduct a landscape waste composting operation without | 24 | | an Agency
permit, provided, however, that no permit shall be | 25 | | required for any person:
| 26 | | (1) conducting a landscape waste composting operation |
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| 1 | | for landscape
wastes generated by such person's own | 2 | | activities which are stored, treated,
or disposed of within | 3 | | the site where such wastes are generated; or
| 4 | | (1.5) conducting a landscape waste composting | 5 | | operation that (i) has no more than 25 cubic yards of | 6 | | landscape waste, composting additives, composting | 7 | | material, or end-product compost on-site at any one time | 8 | | and (ii) is not engaging in commercial activity; or | 9 | | (2) applying landscape waste or composted landscape | 10 | | waste at agronomic
rates; or
| 11 | | (2.5) operating a landscape waste composting facility | 12 | | at a site having 10 or more occupied non-farm residences | 13 | | within 1/2 mile of its boundaries, if the facility meets | 14 | | all of the following criteria: | 15 | | (A) the composting facility is operated by the | 16 | | farmer on property on which the composting material is | 17 | | utilized, and the composting facility
constitutes no | 18 | | more than 2% of the site's total acreage; | 19 | | (A-5) any composting additives that the composting | 20 | | facility accepts and uses at the facility are necessary | 21 | | to provide proper conditions for composting and do not | 22 | | exceed 10% of the total composting material at the | 23 | | facility at any one time; | 24 | | (B) the property on which the composting facility | 25 | | is located, and any associated property on which the | 26 | | compost is used, is principally and diligently devoted |
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| 1 | | to the production of agricultural crops and is not | 2 | | owned, leased, or otherwise controlled by any waste | 3 | | hauler or generator of nonagricultural compost | 4 | | materials, and the operator of the composting facility | 5 | | is not an employee, partner, shareholder, or in any way | 6 | | connected with or controlled by any such waste hauler | 7 | | or generator; | 8 | | (C) all compost generated by the composting | 9 | | facility is applied at agronomic rates and used as | 10 | | mulch, fertilizer, or soil conditioner on land | 11 | | actually farmed by the person operating the composting | 12 | | facility, and the finished compost is not stored at the | 13 | | composting site for a period longer than 18 months | 14 | | prior to its application as mulch, fertilizer, or soil | 15 | | conditioner; | 16 | | (D) no fee is charged for the acceptance of | 17 | | materials to be composted at the facility; and | 18 | | (E) the owner or operator, by January 1, 2014 (or | 19 | | the January 1
following commencement of operation, | 20 | | whichever is later) and January 1 of
each year | 21 | | thereafter, registers the site with the Agency, (ii) | 22 | | reports to the Agency on the volume of composting | 23 | | material received and used at the site; (iii) certifies | 24 | | to the Agency that the site complies with the
| 25 | | requirements set forth in subparagraphs (A), (A-5), | 26 | | (B), (C), and (D) of this paragraph
(2.5); and (iv) |
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| 1 | | certifies to the Agency that all composting material | 2 | | was placed more than 200 feet from the nearest potable | 3 | | water supply well, was placed outside the boundary of | 4 | | the 10-year floodplain or on a part of the site that is | 5 | | floodproofed, was placed at least 1/4 mile from the | 6 | | nearest residence (other than a residence located on | 7 | | the same property as the facility) or a lesser distance | 8 | | from the nearest residence (other than a residence | 9 | | located on the same property as the facility) if the | 10 | | municipality in which the facility is located has by | 11 | | ordinance approved a lesser distance than 1/4 mile, and | 12 | | was placed more than 5 feet above the water table; any | 13 | | ordinance approving a residential setback of less than | 14 | | 1/4 mile that is used to meet the requirements of this | 15 | | subparagraph (E) of paragraph (2.5) of this subsection | 16 | | must specifically reference this paragraph; or | 17 | | (3) operating a landscape waste composting facility on | 18 | | a farm, if the
facility meets all of the following | 19 | | criteria:
| 20 | | (A) the composting facility is operated by the | 21 | | farmer on property on
which the composting material is | 22 | | utilized, and the composting facility
constitutes no | 23 | | more than 2% of the property's total acreage, except | 24 | | that
the Board may allow a higher percentage for | 25 | | individual sites where the owner
or operator has | 26 | | demonstrated to the Board that the site's soil
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| 1 | | characteristics or crop needs require a higher rate;
| 2 | | (A-1) the composting facility accepts from other | 3 | | agricultural operations for composting with landscape | 4 | | waste no materials other than uncontaminated and | 5 | | source-separated (i) crop residue and other | 6 | | agricultural plant residue generated from the | 7 | | production and harvesting of crops and other customary | 8 | | farm practices, including, but not limited to, stalks, | 9 | | leaves, seed pods, husks, bagasse, and roots and (ii) | 10 | | plant-derived animal bedding, such as straw or | 11 | | sawdust, that is free of manure and was not made from | 12 | | painted or treated wood; | 13 | | (A-2) any composting additives that the composting | 14 | | facility accepts and uses at the facility are necessary | 15 | | to provide proper conditions for composting and do not | 16 | | exceed 10% of the total composting material at the | 17 | | facility at any one time; | 18 | | (B) the property on which the composting facility | 19 | | is located, and any
associated property on which the | 20 | | compost is used, is principally and
diligently devoted | 21 | | to the production of agricultural crops and
is not | 22 | | owned, leased or otherwise controlled by any waste | 23 | | hauler
or generator of nonagricultural compost | 24 | | materials, and the operator of the
composting facility | 25 | | is not an employee, partner, shareholder, or in any way
| 26 | | connected with or controlled by any such waste hauler |
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| 1 | | or generator;
| 2 | | (C) all compost generated by the composting | 3 | | facility is applied at
agronomic rates and used as | 4 | | mulch, fertilizer or soil conditioner on land
actually | 5 | | farmed by the person operating the composting | 6 | | facility, and the
finished compost is not stored at the | 7 | | composting site for a period longer
than 18 months | 8 | | prior to its application as mulch, fertilizer, or soil | 9 | | conditioner;
| 10 | | (D) the owner or operator, by January 1 of
each | 11 | | year, (i) registers the site with the Agency, (ii) | 12 | | reports
to the Agency on the volume of composting | 13 | | material received and used at the
site, (iii) certifies | 14 | | to the Agency that the site complies with the
| 15 | | requirements set forth in subparagraphs (A), (A-1), | 16 | | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | 17 | | certifies to the Agency that all composting material: | 18 | | (I) was
placed more than 200 feet from the | 19 | | nearest potable water supply well; | 20 | | (II) was
placed outside the boundary of the | 21 | | 10-year floodplain or on a part of the
site that is | 22 | | floodproofed; | 23 | | (III) was placed either (aa) at least 1/4 mile | 24 | | from the nearest
residence (other than a residence | 25 | | located on the same property as the
facility) and | 26 | | there are not more than 10 occupied non-farm |
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| 1 | | residences
within 1/2 mile of the boundaries of the | 2 | | site on the date of application or (bb) a lesser | 3 | | distance from the nearest residence (other than a | 4 | | residence located on the same property as the | 5 | | facility) provided that the municipality or county | 6 | | in which the facility is located has by ordinance | 7 | | approved a lesser distance than 1/4 mile and there | 8 | | are not more than 10 occupied non-farm residences
| 9 | | within 1/2 mile of the boundaries of the site on | 10 | | the date of application;
and | 11 | | (IV) was placed more than 5 feet above the | 12 | | water table. | 13 | | Any ordinance approving a residential setback of | 14 | | less than 1/4 mile that is used to meet the | 15 | | requirements of this subparagraph (D) must | 16 | | specifically reference this subparagraph.
| 17 | | For the purposes of this subsection (q), "agronomic rates" | 18 | | means the
application of not more than 20 tons per acre per | 19 | | year, except that the
Board may allow a higher rate for | 20 | | individual sites where the owner or
operator has demonstrated | 21 | | to the Board that the site's soil
characteristics or crop needs | 22 | | require a higher rate.
| 23 | | (r) Cause or allow the storage or disposal of coal | 24 | | combustion
waste unless:
| 25 | | (1) such waste is stored or disposed of at a site or
| 26 | | facility for which
a permit has been obtained or is not |
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| 1 | | otherwise required under subsection
(d) of this Section; or
| 2 | | (2) such waste is stored or disposed of as a part of
| 3 | | the design and
reclamation of a site or facility which is | 4 | | an abandoned mine site in
accordance with the Abandoned | 5 | | Mined Lands and Water Reclamation Act; or
| 6 | | (3) such waste is stored or disposed of at a site or
| 7 | | facility which is
operating under NPDES and Subtitle D | 8 | | permits issued by the Agency pursuant
to regulations | 9 | | adopted by the Board for mine-related water pollution and
| 10 | | permits issued pursuant to the Federal Surface Mining | 11 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 12 | | rules and regulations
thereunder or any law or rule or | 13 | | regulation adopted by the State of
Illinois pursuant | 14 | | thereto, and the owner or operator of the facility agrees
| 15 | | to accept the waste; and either
| 16 | | (i) such waste is stored or disposed of in | 17 | | accordance
with requirements
applicable to refuse | 18 | | disposal under regulations adopted by the Board for
| 19 | | mine-related water pollution and pursuant to NPDES and | 20 | | Subtitle D permits
issued by the Agency under such | 21 | | regulations; or
| 22 | | (ii) the owner or operator of the facility | 23 | | demonstrates all of the
following to the Agency, and | 24 | | the facility is operated in accordance with
the | 25 | | demonstration as approved by the Agency: (1) the | 26 | | disposal area will be
covered in a manner that will |
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| 1 | | support continuous vegetation, (2) the
facility will | 2 | | be adequately protected from wind and water erosion, | 3 | | (3) the
pH will be maintained so as to prevent | 4 | | excessive leaching of metal ions,
and (4) adequate | 5 | | containment or other measures will be provided to | 6 | | protect
surface water and groundwater from | 7 | | contamination at levels prohibited by
this Act, the | 8 | | Illinois Groundwater Protection Act, or regulations | 9 | | adopted
pursuant thereto.
| 10 | | Notwithstanding any other provision of this Title, the | 11 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 12 | | of this
subdivision (r) shall
be exempt from the other | 13 | | provisions of this Title V, and notwithstanding
the provisions | 14 | | of Title X of this Act, the Agency is authorized to grant
| 15 | | experimental permits which include provision for the disposal | 16 | | of
wastes from the combustion of coal and other materials | 17 | | pursuant to items
(2) and (3) of this subdivision (r).
| 18 | | (s) After April 1, 1989, offer for transportation, | 19 | | transport, deliver,
receive or accept special waste for which a | 20 | | manifest is required, unless
the manifest indicates that the | 21 | | fee required under Section 22.8 of this
Act has been paid.
| 22 | | (t) Cause or allow a lateral expansion of a municipal solid | 23 | | waste landfill
unit on or after October 9, 1993, without a | 24 | | permit modification, granted by the
Agency, that authorizes the | 25 | | lateral expansion.
| 26 | | (u) Conduct any vegetable by-product treatment, storage, |
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| 1 | | disposal or
transportation operation in violation of any | 2 | | regulation, standards or permit
requirements adopted by the | 3 | | Board under this Act. However, no permit shall be
required | 4 | | under this Title V for the land application of vegetable | 5 | | by-products
conducted pursuant to Agency permit issued under | 6 | | Title III of this Act to
the generator of the vegetable | 7 | | by-products. In addition, vegetable by-products
may be | 8 | | transported in this State without a special waste hauling | 9 | | permit, and
without the preparation and carrying of a manifest.
| 10 | | (v) (Blank).
| 11 | | (w) Conduct any generation, transportation, or recycling | 12 | | of construction or
demolition debris, clean or general, or | 13 | | uncontaminated soil generated during
construction, remodeling, | 14 | | repair, and demolition of utilities, structures, and
roads that | 15 | | is not commingled with any waste, without the maintenance of
| 16 | | documentation identifying the hauler, generator, place of | 17 | | origin of the debris
or soil, the weight or volume of the | 18 | | debris or soil, and the location, owner,
and operator of the | 19 | | facility where the debris or soil was transferred,
disposed, | 20 | | recycled, or treated. This documentation must be maintained by | 21 | | the
generator, transporter, or recycler for 3 years.
This | 22 | | subsection (w) shall not apply to (1) a permitted pollution | 23 | | control
facility that transfers or accepts construction or | 24 | | demolition debris,
clean or general, or uncontaminated soil for | 25 | | final disposal, recycling, or
treatment, (2) a public utility | 26 | | (as that term is defined in the Public
Utilities Act) or a |
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| 1 | | municipal utility, (3) the Illinois Department of
| 2 | | Transportation, or (4) a municipality or a county highway | 3 | | department, with
the exception of any municipality or county | 4 | | highway department located within a
county having a population | 5 | | of over 3,000,000 inhabitants or located in a county
that
is | 6 | | contiguous to a county having a population of over 3,000,000 | 7 | | inhabitants;
but it shall apply to an entity that contracts | 8 | | with a public utility, a
municipal utility, the Illinois | 9 | | Department of Transportation, or a
municipality or a county | 10 | | highway department.
The terms
"generation" and "recycling" as
| 11 | | used in this subsection do not
apply to clean construction or | 12 | | demolition debris
when (i) used as fill material below grade | 13 | | outside of a setback zone
if covered by sufficient | 14 | | uncontaminated soil to support vegetation within 30
days of the | 15 | | completion of filling or if covered by a road or structure, | 16 | | (ii)
solely broken concrete without
protruding metal bars is | 17 | | used for erosion control, or (iii) milled
asphalt or crushed | 18 | | concrete is used as aggregate in construction of the
shoulder | 19 | | of a roadway. The terms "generation" and "recycling", as used | 20 | | in this
subsection, do not apply to uncontaminated soil
that is | 21 | | not commingled with any waste when (i) used as fill material | 22 | | below
grade or contoured to grade, or (ii) used at the site of | 23 | | generation.
| 24 | | (Source: P.A. 100-103, eff. 8-11-17.)
| 25 | | (415 ILCS 5/22.59 new) |
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| 1 | | Sec. 22.59. CCR surface impoundments. | 2 | | (a) The General Assembly finds that: | 3 | | (1) the State of Illinois has a long-standing policy to | 4 | | restore, protect, and enhance the environment, including | 5 | | the purity of the air, land, and waters, including | 6 | | groundwaters, of this State; | 7 | | (2) a clean environment is essential to the growth and | 8 | | well-being of this State; | 9 | | (3) CCR generated by the electric generating industry | 10 | | has caused groundwater contamination and other forms of | 11 | | pollution at active and inactive plants throughout this | 12 | | State; | 13 | | (4) environmental laws should be supplemented to | 14 | | ensure consistent, responsible regulation of all existing | 15 | | CCR surface impoundments; and | 16 | | (5) meaningful participation of State residents, | 17 | | especially vulnerable populations who may be affected by | 18 | | regulatory actions, is critical to ensure that | 19 | | environmental justice considerations are incorporated in | 20 | | the development of, decision-making related to, and | 21 | | implementation of environmental laws and rulemaking that | 22 | | protects and improves the well-being of communities in this | 23 | | State that bear disproportionate burdens imposed by | 24 | | environmental pollution. | 25 | | Therefore, the purpose of this Section is to promote a | 26 | | healthful environment, including clean water, air, and land, |
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| 1 | | meaningful public involvement, and the responsible disposal | 2 | | and storage of coal combustion residuals, so as to protect | 3 | | public health and to prevent pollution of the environment of | 4 | | this State. | 5 | | The provisions of this Section shall be liberally construed | 6 | | to carry out the purposes of this Section. | 7 | | (b) No person shall: | 8 | | (1) cause or allow the discharge of any contaminants | 9 | | from a CCR surface impoundment into the environment so as | 10 | | to cause a violation of this Section or any regulations or | 11 | | standards adopted by the Board under this Section, either | 12 | | alone or in combination with contaminants from other | 13 | | sources; | 14 | | (2) construct, install, modify, operate, or close any | 15 | | CCR surface impoundment without a permit granted by the | 16 | | Agency, or so as to violate any conditions imposed by such | 17 | | permit, any provision of this Section or any regulations or | 18 | | standards adopted by the Board under this Section; or | 19 | | (3) cause or allow the discharge, deposit, injection, | 20 | | dumping, spilling, leaking, or placing of any CCR upon the | 21 | | land in a place and manner so as to cause or tend to cause a | 22 | | violation this Section or any regulations or standards | 23 | | adopted by the Board under this Section. | 24 | | (c) For purposes of this Section, a permit issued by the | 25 | | Administrator of the United States Environmental Protection | 26 | | Agency under Section 4005 of the federal Resource Conservation |
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| 1 | | and Recovery Act, shall be deemed to be a permit under this | 2 | | Section and subsection (y) of Section 39. | 3 | | (d) Before commencing closure of a CCR surface impoundment, | 4 | | in accordance with Board rules, the owner of a CCR surface | 5 | | impoundment must submit to the Agency for approval a closure | 6 | | alternatives analysis that analyzes all closure methods being | 7 | | considered and that otherwise satisfies all closure | 8 | | requirements adopted by the Board under this Act. Complete | 9 | | removal of CCR, as specified by the Board's rules, from the CCR | 10 | | surface impoundment must be considered and analyzed. Section | 11 | | 3.405 does not apply to the Board's rules specifying complete | 12 | | removal of CCR. The selected closure method must ensure | 13 | | compliance with regulations adopted by the Board pursuant to | 14 | | this Section. | 15 | | (e) Owners or operators of CCR surface impoundments who | 16 | | have submitted a closure plan to the Agency before May 1, 2019, | 17 | | and who have completed closure prior to 24 months after the | 18 | | effective date of this amendatory Act of the 101st General | 19 | | Assembly shall not be required to obtain a construction permit | 20 | | for the surface impoundment closure under this Section. | 21 | | (f) Except for the State, its agencies and institutions, a | 22 | | unit of local government, or not-for-profit electric | 23 | | cooperative as defined in Section 3.4 of the Electric Supplier | 24 | | Act, any person who owns or operates a CCR surface impoundment | 25 | | in this State shall post with the Agency a performance bond or | 26 | | other security for the purpose of: (i) ensuring closure of the |
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| 1 | | CCR surface impoundment and post-closure care in accordance | 2 | | with this Act and its rules; and (ii) insuring remediation of | 3 | | releases from the CCR surface impoundment. The only acceptable | 4 | | forms of financial assurance are, either individually or in | 5 | | combination, the following: a trust fund; a surety bond | 6 | | guaranteeing payment; a surety bond guaranteeing performance; | 7 | | an irrevocable letter of credit; or a combination of insurance | 8 | | with a previously listed acceptable form of financial assurance | 9 | | that must ensure insurance policy premiums are paid for the | 10 | | term of the insurance policy. | 11 | | (1) The cost estimate for the post-closure care of a | 12 | | CCR surface impoundment shall be calculated using a 30-year | 13 | | post-closure care period or such longer period as may be | 14 | | approved by the Agency under Board or federal rules. | 15 | | (2) The Agency is authorized to enter into such | 16 | | contracts and agreements as it may deem necessary to carry | 17 | | out the purposes of this Section. Neither the State, nor | 18 | | the Director, nor any State employee shall be liable for | 19 | | any damages or injuries arising out of or resulting from | 20 | | any action taken under this Section. | 21 | | (3) The Agency shall have the authority to approve or | 22 | | disapprove any performance bond or other security posted | 23 | | under this subsection. Any person whose performance bond or | 24 | | other security is disapproved by the Agency may contest the | 25 | | disapproval as a permit denial appeal pursuant to Section | 26 | | 40. |
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| 1 | | (4) Insurance as a financial assurance shall be allowed | 2 | | by the Agency if the owner or operator provides the Agency | 3 | | with a copy of a signed national or local labor agreement | 4 | | with a bona fide labor organization representing multiple | 5 | | construction trades with geographic jurisdiction over the | 6 | | area in which the CCR surface impoundment is located and | 7 | | that pertain to the construction related to a CCR surface | 8 | | impoundment, the closure of the CCR surface impoundment, | 9 | | and any construction, maintenance, or remediation of the | 10 | | CCR surface impoundment required during post-closure care. | 11 | | The insurance must also meet the following criteria: | 12 | | (A) The face value amount of policy shall be at | 13 | | least equal to: | 14 | | (i) the cost estimate for closure, if used as | 15 | | financial assurance for closure; | 16 | | (ii) the cost estimate for post-closure, if | 17 | | used as financial assurance for post-closure; and | 18 | | (iii) the cost estimate for remediation of | 19 | | releases, if used as financial assurance for | 20 | | remediation of releases. | 21 | | (B) The face value of the policy shall be updated | 22 | | within 90 days after a revised cost estimate and cost | 23 | | estimates shall be updated at least annually and upon | 24 | | request by the Agency. | 25 | | (C) The policy shall guarantee that: | 26 | | (i) funds will be available without delay to |
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| 1 | | close, if used as financial assurance for closure; | 2 | | (ii) funds will be available without delay to | 3 | | perform any required post-closure care, if used as | 4 | | financial assurance for post-closure; and | 5 | | (iii) funds will be available without delay | 6 | | for remediation of releases, if used as financial | 7 | | assurance for remediation of releases. | 8 | | (D) For insurance used as financial assurance for | 9 | | closure, the policy shall guarantee that once closure | 10 | | begins the insurer will be responsible for payout of | 11 | | funds up to an amount equal to the face amount of the | 12 | | policy, upon the direction of the Agency, to the party | 13 | | or parties the Agency specifies. | 14 | | (E) The policy must not be terminated, canceled, or | 15 | | suspended for any reason other than failure to pay a | 16 | | premium. | 17 | | (F) If nonpayment of premiums risks terminating, | 18 | | cancelling, or suspending the policy, the insurer | 19 | | shall provide notice by certified mail to the owner or | 20 | | operator and the Agency, and termination, | 21 | | cancellation, or suspension shall not occur within 120 | 22 | | days after the date of receipt of the notice by the | 23 | | owner or operator and the Agency, as evidenced by | 24 | | return receipts. | 25 | | (G) If nonpayment of premiums risk terminating, | 26 | | cancelling, or suspending the policy, and after notice |
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| 1 | | has been provided under subparagraph (F), within 120 | 2 | | days of receiving that notice the owner or operator | 3 | | shall acquire an acceptable substitute form of | 4 | | financial assurance at least equal to the face value of | 5 | | the policy. | 6 | | (H) The policy shall automatically renew and | 7 | | automatic renewal of the policy shall provide the | 8 | | insured with the option of renewal at face value of the | 9 | | expiring policy. | 10 | | (I) The insurer shall be licensed to conduct | 11 | | business in Illinois and have at least an "A-" rating, | 12 | | or its equivalent, from a recognized rating agency. | 13 | | (J) The policy shall contain a provision allowing | 14 | | assignment of the policy to a successor owner or | 15 | | operator. | 16 | | Failure to pay the premium, without substitution of | 17 | | alternative financial assurance at least equal to face | 18 | | value of policy within the time period specified in | 19 | | subparagraph (F), shall constitute a violation of this Act. | 20 | | (g) The Board shall adopt rules establishing construction | 21 | | permit requirements, operating permit requirements, design | 22 | | standards, reporting, financial assurance, and closure and | 23 | | post-closure care requirements for CCR surface impoundments. | 24 | | Not later than 8 months after the effective date of this | 25 | | amendatory Act of the 101st General Assembly the Agency shall | 26 | | propose, and not later than one year after receipt of the |
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| 1 | | Agency's proposal the Board shall adopt, rules under this | 2 | | Section. The rules must, at a minimum: | 3 | | (1) be at least as protective and comprehensive as the | 4 | | federal regulations or amendments thereto promulgated by | 5 | | the Administrator of the United States Environmental | 6 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 7 | | surface impoundments; | 8 | | (2) specify the minimum contents of CCR surface | 9 | | impoundment construction and operating permit | 10 | | applications, including the closure alternatives analysis | 11 | | required under subsection (d); | 12 | | (3) specify which types of permits include | 13 | | requirements for closure, post-closure, remediation and | 14 | | all other requirements applicable to CCR surface | 15 | | impoundments; | 16 | | (4) specify when permit applications for existing CCR | 17 | | surface impoundments must be submitted, taking into | 18 | | consideration whether the CCR surface impoundment must | 19 | | close under the RCRA; | 20 | | (5) specify standards for review and approval by the | 21 | | Agency of CCR surface impoundment permit applications; | 22 | | (6) specify meaningful public participation procedures | 23 | | for the issuance of CCR surface impoundment construction | 24 | | and operating permits, including, but not limited to, | 25 | | public notice of the submission of permit applications, an | 26 | | opportunity for the submission of public comments, an |
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| 1 | | opportunity for a public hearing prior to permit issuance, | 2 | | and a summary and response of the comments prepared by the | 3 | | Agency; | 4 | | (7) prescribe the type and amount of the performance | 5 | | bonds or other securities required under subsection (f), | 6 | | and the conditions under which the State is entitled to | 7 | | collect moneys from such performance bonds or other | 8 | | securities; | 9 | | (8) specify requirements of financial assurances under | 10 | | paragraph (4) of subsection (f); | 11 | | (9) govern insurance used for financial assurance to | 12 | | ensure funds are available to pay premiums for the entirety | 13 | | of the term of the insurance policy under paragraph (4) of | 14 | | subsection (f); | 15 | | (10) specify a procedure to identify areas of | 16 | | environmental justice concern in relation to CCR surface | 17 | | impoundments; | 18 | | (11) specify a method to prioritize CCR surface | 19 | | impoundments required to close under RCRA if not otherwise | 20 | | specified by the United States Environmental Protection | 21 | | Agency, so that the CCR surface impoundments with the | 22 | | highest risk to public health and the environment, and | 23 | | areas of environmental justice concern are given first | 24 | | priority; | 25 | | (12) define when complete removal of CCR is achieved | 26 | | and specify the standards for responsible removal of CCR |
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| 1 | | from CCR surface impoundments, including, but not limited | 2 | | to, dust controls and the protection of adjacent surface | 3 | | water and groundwater; and | 4 | | (13) describe the process and standards for | 5 | | identifying a specific alternative source of groundwater | 6 | | pollution when the owner or operator of the CCR surface | 7 | | impoundment believes that groundwater contamination on the | 8 | | site is not from the CCR surface impoundment. | 9 | | (h) Any owner of a CCR surface impoundment that generates | 10 | | CCR and sells or otherwise provides coal combustion byproducts | 11 | | pursuant to Section 3.135 shall, every 12 months, post on its | 12 | | publicly available website a report specifying the volume or | 13 | | weight of CCR, in cubic yards or tons, that it sold or provided | 14 | | during the past 12 months. | 15 | | (i) The owner of a CCR surface impoundment shall post all | 16 | | closure plans, permit applications, and supporting | 17 | | documentation, as well as any Agency approval of the plans or | 18 | | applications on its publicly available website. | 19 | | (j) The owner or operator of a CCR surface impoundment | 20 | | shall pay the following fees: | 21 | | (1) An initial fee to the Agency within 6 months after | 22 | | the effective date of this amendatory Act of the 101st | 23 | | General Assembly of: | 24 | | $50,000 for each closed CCR surface impoundment; | 25 | | and | 26 | | $75,000 for each CCR surface impoundment that has |
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| 1 | | not completed closure. | 2 | | (2) Annual fees to the Agency, beginning on July 1, | 3 | | 2020, of: | 4 | | $25,000 for each CCR surface impoundment that has | 5 | | not completed closure; and | 6 | | $15,000 for each CCR surface impoundment that has | 7 | | completed closure, but has not completed post-closure | 8 | | care. | 9 | | (k) All fees collected by the Agency under subsection (j) | 10 | | shall be deposited into the Environmental Protection Permit and | 11 | | Inspection Fund. | 12 | | (l) The Coal Combustion Residual Surface Impoundment | 13 | | Financial Assurance Fund is created as a special fund in the | 14 | | State treasury. Any moneys forfeited to the State of Illinois | 15 | | from any performance bond or other security required under this | 16 | | Section shall be placed in the Coal Combustion Residual Surface | 17 | | Impoundment Financial Assurance Fund and shall, upon approval | 18 | | by the Governor and the Director, be used by the Agency for the | 19 | | purposes for which such performance bond or other security was | 20 | | issued. The Coal Combustion Residual Surface Impoundment | 21 | | Financial Assurance Fund is not subject to the provisions of | 22 | | subsection (c) of Section 5 of the State Finance Act. | 23 | | (m) The provisions of this Section shall apply, without | 24 | | limitation, to all existing CCR surface impoundments and any | 25 | | CCR surface impoundments constructed after the effective date | 26 | | of this amendatory Act of the 101st General Assembly, except to |
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| 1 | | the extent prohibited by the Illinois or United States | 2 | | Constitutions.
| 3 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 4 | | Sec. 39. Issuance of permits; procedures.
| 5 | | (a) When the Board has by regulation required a permit for
| 6 | | the construction, installation, or operation of any type of | 7 | | facility,
equipment, vehicle, vessel, or aircraft, the | 8 | | applicant shall apply to
the Agency for such permit and it | 9 | | shall be the duty of the Agency to
issue such a permit upon | 10 | | proof by the applicant that the facility,
equipment, vehicle, | 11 | | vessel, or aircraft will not cause a violation of
this Act or | 12 | | of regulations hereunder. The Agency shall adopt such
| 13 | | procedures as are necessary to carry out its duties under this | 14 | | Section.
In making its determinations on permit applications | 15 | | under this Section the Agency may consider prior adjudications | 16 | | of
noncompliance with this Act by the applicant that involved a | 17 | | release of a
contaminant into the environment. In granting | 18 | | permits, the Agency
may impose reasonable conditions | 19 | | specifically related to the applicant's past
compliance | 20 | | history with this Act as necessary to correct, detect, or
| 21 | | prevent noncompliance. The Agency may impose such other | 22 | | conditions
as may be necessary to accomplish the purposes of | 23 | | this Act, and as are not
inconsistent with the regulations | 24 | | promulgated by the Board hereunder. Except as
otherwise | 25 | | provided in this Act, a bond or other security shall not be |
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| 1 | | required
as a condition for the issuance of a permit. If the | 2 | | Agency denies any permit
under this Section, the Agency shall | 3 | | transmit to the applicant within the time
limitations of this | 4 | | Section specific, detailed statements as to the reasons the
| 5 | | permit application was denied. Such statements shall include, | 6 | | but not be
limited to the following:
| 7 | | (i) the Sections of this Act which may be violated if | 8 | | the permit
were granted;
| 9 | | (ii) the provision of the regulations, promulgated | 10 | | under this Act,
which may be violated if the permit were | 11 | | granted;
| 12 | | (iii) the specific type of information, if any, which | 13 | | the Agency
deems the applicant did not provide the Agency; | 14 | | and
| 15 | | (iv) a statement of specific reasons why the Act and | 16 | | the regulations
might not be met if the permit were | 17 | | granted.
| 18 | | If there is no final action by the Agency within 90 days | 19 | | after the
filing of the application for permit, the applicant | 20 | | may deem the permit
issued; except that this time period shall | 21 | | be extended to 180 days when
(1) notice and opportunity for | 22 | | public hearing are required by State or
federal law or | 23 | | regulation, (2) the application which was filed is for
any | 24 | | permit to develop a landfill subject to issuance pursuant to | 25 | | this
subsection, or (3) the application that was filed is for a | 26 | | MSWLF unit
required to issue public notice under subsection (p) |
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| 1 | | of Section 39. The
90-day and 180-day time periods for the | 2 | | Agency to take final action do not
apply to NPDES permit | 3 | | applications under subsection (b) of this Section,
to RCRA | 4 | | permit applications under subsection (d) of this Section, or
to | 5 | | UIC permit applications under subsection (e) of this Section , | 6 | | or to CCR surface impoundment applications under subsection (y) | 7 | | of this Section .
| 8 | | The Agency shall publish notice of all final permit | 9 | | determinations for
development permits for MSWLF units and for | 10 | | significant permit modifications
for lateral expansions for | 11 | | existing MSWLF units one time in a newspaper of
general | 12 | | circulation in the county in which the unit is or is proposed | 13 | | to be
located.
| 14 | | After January 1, 1994 and until July 1, 1998, operating | 15 | | permits issued under
this Section by the
Agency for sources of | 16 | | air pollution permitted to emit less than 25 tons
per year of | 17 | | any combination of regulated air pollutants, as defined in
| 18 | | Section 39.5 of this Act, shall be required to be renewed only | 19 | | upon written
request by the Agency consistent with applicable | 20 | | provisions of this Act and
regulations promulgated hereunder. | 21 | | Such operating permits shall expire
180 days after the date of | 22 | | such a request. The Board shall revise its
regulations for the | 23 | | existing State air pollution operating permit program
| 24 | | consistent with this provision by January 1, 1994.
| 25 | | After June 30, 1998, operating permits issued under this | 26 | | Section by the
Agency for sources of air pollution that are not |
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| 1 | | subject to Section 39.5 of
this Act and are not required to | 2 | | have a federally enforceable State operating
permit shall be | 3 | | required to be renewed only upon written request by the Agency
| 4 | | consistent with applicable provisions of this Act and its | 5 | | rules. Such
operating permits shall expire 180 days after the | 6 | | date of such a request.
Before July 1, 1998, the Board shall | 7 | | revise its rules for the existing State
air pollution operating | 8 | | permit program consistent with this paragraph and shall
adopt | 9 | | rules that require a source to demonstrate that it qualifies | 10 | | for a permit
under this paragraph.
| 11 | | (b) The Agency may issue NPDES permits exclusively under | 12 | | this
subsection for the discharge of contaminants from point | 13 | | sources into
navigable waters, all as defined in the Federal | 14 | | Water Pollution Control
Act, as now or hereafter amended, | 15 | | within the jurisdiction of the
State, or into any well.
| 16 | | All NPDES permits shall contain those terms and conditions, | 17 | | including
but not limited to schedules of compliance, which may | 18 | | be required to
accomplish the purposes and provisions of this | 19 | | Act.
| 20 | | The Agency may issue general NPDES permits for discharges | 21 | | from categories
of point sources which are subject to the same | 22 | | permit limitations and
conditions. Such general permits may be | 23 | | issued without individual
applications and shall conform to | 24 | | regulations promulgated under Section 402
of the Federal Water | 25 | | Pollution Control Act, as now or hereafter amended.
| 26 | | The Agency may include, among such conditions, effluent |
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| 1 | | limitations
and other requirements established under this Act, | 2 | | Board regulations,
the Federal Water Pollution Control Act, as | 3 | | now or hereafter amended, and
regulations pursuant thereto, and | 4 | | schedules for achieving compliance
therewith at the earliest | 5 | | reasonable date.
| 6 | | The Agency shall adopt filing requirements and procedures | 7 | | which are
necessary and appropriate for the issuance of NPDES | 8 | | permits, and which
are consistent with the Act or regulations | 9 | | adopted by the Board, and
with the Federal Water Pollution | 10 | | Control Act, as now or hereafter
amended, and regulations | 11 | | pursuant thereto.
| 12 | | The Agency, subject to any conditions which may be | 13 | | prescribed by
Board regulations, may issue NPDES permits to | 14 | | allow discharges beyond
deadlines established by this Act or by | 15 | | regulations of the Board without
the requirement of a variance, | 16 | | subject to the Federal Water Pollution
Control Act, as now or | 17 | | hereafter amended, and regulations pursuant thereto.
| 18 | | (c) Except for those facilities owned or operated by | 19 | | sanitary districts
organized under the Metropolitan Water | 20 | | Reclamation District Act, no
permit for the development or | 21 | | construction of a new pollution control
facility may be granted | 22 | | by the Agency unless the applicant submits proof to the
Agency | 23 | | that the location of the facility has been approved by the | 24 | | County Board
of the county if in an unincorporated area, or the | 25 | | governing body of the
municipality when in an incorporated | 26 | | area, in which the facility is to be
located in accordance with |
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| 1 | | Section 39.2 of this Act. For purposes of this subsection (c), | 2 | | and for purposes of Section 39.2 of this Act, the appropriate | 3 | | county board or governing body of the municipality shall be the | 4 | | county board of the county or the governing body of the | 5 | | municipality in which the facility is to be located as of the | 6 | | date when the application for siting approval is filed.
| 7 | | In the event that siting approval granted pursuant to | 8 | | Section 39.2 has
been transferred to a subsequent owner or | 9 | | operator, that subsequent owner or
operator may apply to the | 10 | | Agency for, and the Agency may grant, a development
or | 11 | | construction permit for the facility for which local siting | 12 | | approval was
granted. Upon application to the Agency for a | 13 | | development or
construction permit by that subsequent owner or | 14 | | operator,
the permit applicant shall cause written notice of | 15 | | the permit application
to be served upon the appropriate county | 16 | | board or governing body of the
municipality that granted siting | 17 | | approval for that facility and upon any party
to the siting | 18 | | proceeding pursuant to which siting approval was granted. In
| 19 | | that event, the Agency shall conduct an evaluation of the | 20 | | subsequent owner or
operator's prior experience in waste | 21 | | management operations in the manner
conducted under subsection | 22 | | (i) of Section 39 of this Act.
| 23 | | Beginning August 20, 1993, if the pollution control | 24 | | facility consists of a
hazardous or solid waste disposal | 25 | | facility for which the proposed site is
located in an | 26 | | unincorporated area of a county with a population of less than
|
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| 1 | | 100,000 and includes all or a portion of a parcel of land that | 2 | | was, on April 1,
1993, adjacent to a municipality having a | 3 | | population of less than 5,000, then
the local siting review | 4 | | required under this subsection (c) in conjunction with
any | 5 | | permit applied for after that date shall be performed by the | 6 | | governing body
of that adjacent municipality rather than the | 7 | | county board of the county in
which the proposed site is | 8 | | located; and for the purposes of that local siting
review, any | 9 | | references in this Act to the county board shall be deemed to | 10 | | mean
the governing body of that adjacent municipality; | 11 | | provided, however, that the
provisions of this paragraph shall | 12 | | not apply to any proposed site which was, on
April 1, 1993, | 13 | | owned in whole or in part by another municipality.
| 14 | | In the case of a pollution control facility for which a
| 15 | | development permit was issued before November 12, 1981, if an | 16 | | operating
permit has not been issued by the Agency prior to | 17 | | August 31, 1989 for
any portion of the facility, then the | 18 | | Agency may not issue or renew any
development permit nor issue | 19 | | an original operating permit for any portion of
such facility | 20 | | unless the applicant has submitted proof to the Agency that the
| 21 | | location of the facility has been approved by the appropriate | 22 | | county board or
municipal governing body pursuant to Section | 23 | | 39.2 of this Act.
| 24 | | After January 1, 1994, if a solid waste
disposal facility, | 25 | | any portion for which an operating permit has been issued by
| 26 | | the Agency, has not accepted waste disposal for 5 or more |
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| 1 | | consecutive calendars
years, before that facility may accept | 2 | | any new or additional waste for
disposal, the owner and | 3 | | operator must obtain a new operating permit under this
Act for | 4 | | that facility unless the owner and operator have applied to the | 5 | | Agency
for a permit authorizing the temporary suspension of | 6 | | waste acceptance. The
Agency may not issue a new operation | 7 | | permit under this Act for the facility
unless the applicant has | 8 | | submitted proof to the Agency that the location of the
facility | 9 | | has been approved or re-approved by the appropriate county | 10 | | board or
municipal governing body under Section 39.2 of this | 11 | | Act after the facility
ceased accepting waste.
| 12 | | Except for those facilities owned or operated by sanitary | 13 | | districts
organized under the Metropolitan Water Reclamation | 14 | | District Act, and
except for new pollution control facilities | 15 | | governed by Section 39.2,
and except for fossil fuel mining | 16 | | facilities, the granting of a permit under
this Act shall not | 17 | | relieve the applicant from meeting and securing all
necessary | 18 | | zoning approvals from the unit of government having zoning
| 19 | | jurisdiction over the proposed facility.
| 20 | | Before beginning construction on any new sewage treatment | 21 | | plant or sludge
drying site to be owned or operated by a | 22 | | sanitary district organized under
the Metropolitan Water | 23 | | Reclamation District Act for which a new
permit (rather than | 24 | | the renewal or amendment of an existing permit) is
required, | 25 | | such sanitary district shall hold a public hearing within the
| 26 | | municipality within which the proposed facility is to be |
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| 1 | | located, or within the
nearest community if the proposed | 2 | | facility is to be located within an
unincorporated area, at | 3 | | which information concerning the proposed facility
shall be | 4 | | made available to the public, and members of the public shall | 5 | | be given
the opportunity to express their views concerning the | 6 | | proposed facility.
| 7 | | The Agency may issue a permit for a municipal waste | 8 | | transfer station
without requiring approval pursuant to | 9 | | Section 39.2 provided that the following
demonstration is made:
| 10 | | (1) the municipal waste transfer station was in | 11 | | existence on or before
January 1, 1979 and was in | 12 | | continuous operation from January 1, 1979 to January
1, | 13 | | 1993;
| 14 | | (2) the operator submitted a permit application to the | 15 | | Agency to develop
and operate the municipal waste transfer | 16 | | station during April of 1994;
| 17 | | (3) the operator can demonstrate that the county board | 18 | | of the county, if
the municipal waste transfer station is | 19 | | in an unincorporated area, or the
governing body of the | 20 | | municipality, if the station is in an incorporated area,
| 21 | | does not object to resumption of the operation of the | 22 | | station; and
| 23 | | (4) the site has local zoning approval.
| 24 | | (d) The Agency may issue RCRA permits exclusively under | 25 | | this
subsection to persons owning or operating a facility for | 26 | | the treatment,
storage, or disposal of hazardous waste as |
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| 1 | | defined under this Act. Subsection (y) of this Section, rather | 2 | | than this subsection (d), shall apply to permits issued for CCR | 3 | | surface impoundments.
| 4 | | All RCRA permits shall contain those terms and conditions, | 5 | | including but
not limited to schedules of compliance, which may | 6 | | be required to accomplish
the purposes and provisions of this | 7 | | Act. The Agency may include among such
conditions standards and | 8 | | other requirements established under this Act,
Board | 9 | | regulations, the Resource Conservation and Recovery Act of 1976 | 10 | | (P.L.
94-580), as amended, and regulations pursuant thereto, | 11 | | and may include
schedules for achieving compliance therewith as | 12 | | soon as possible. The
Agency shall require that a performance | 13 | | bond or other security be provided
as a condition for the | 14 | | issuance of a RCRA permit.
| 15 | | In the case of a permit to operate a hazardous waste or PCB | 16 | | incinerator
as defined in subsection (k) of Section 44, the | 17 | | Agency shall require, as a
condition of the permit, that the | 18 | | operator of the facility perform such
analyses of the waste to | 19 | | be incinerated as may be necessary and appropriate
to ensure | 20 | | the safe operation of the incinerator.
| 21 | | The Agency shall adopt filing requirements and procedures | 22 | | which
are necessary and appropriate for the issuance of RCRA | 23 | | permits, and which
are consistent with the Act or regulations | 24 | | adopted by the Board, and with
the Resource Conservation and | 25 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 26 | | pursuant thereto.
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| 1 | | The applicant shall make available to the public for | 2 | | inspection all
documents submitted by the applicant to the | 3 | | Agency in furtherance
of an application, with the exception of | 4 | | trade secrets, at the office of
the county board or governing | 5 | | body of the municipality. Such documents
may be copied upon | 6 | | payment of the actual cost of reproduction during regular
| 7 | | business hours of the local office. The Agency shall issue a | 8 | | written statement
concurrent with its grant or denial of the | 9 | | permit explaining the basis for its
decision.
| 10 | | (e) The Agency may issue UIC permits exclusively under this
| 11 | | subsection to persons owning or operating a facility for the | 12 | | underground
injection of contaminants as defined under this | 13 | | Act.
| 14 | | All UIC permits shall contain those terms and conditions, | 15 | | including but
not limited to schedules of compliance, which may | 16 | | be required to accomplish
the purposes and provisions of this | 17 | | Act. The Agency may include among such
conditions standards and | 18 | | other requirements established under this Act,
Board | 19 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as | 20 | | amended,
and regulations pursuant thereto, and may include | 21 | | schedules for achieving
compliance therewith. The Agency shall | 22 | | require that a performance bond or
other security be provided | 23 | | as a condition for the issuance of a UIC permit.
| 24 | | The Agency shall adopt filing requirements and procedures | 25 | | which
are necessary and appropriate for the issuance of UIC | 26 | | permits, and which
are consistent with the Act or regulations |
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| 1 | | adopted by the Board, and with
the Safe Drinking Water Act | 2 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 3 | | The applicant shall make available to the public for | 4 | | inspection, all
documents submitted by the applicant to the | 5 | | Agency in furtherance of an
application, with the exception of | 6 | | trade secrets, at the office of the county
board or governing | 7 | | body of the municipality. Such documents may be copied upon
| 8 | | payment of the actual cost of reproduction during regular | 9 | | business hours of the
local office. The Agency shall issue a | 10 | | written statement concurrent with its
grant or denial of the | 11 | | permit explaining the basis for its decision.
| 12 | | (f) In making any determination pursuant to Section 9.1 of | 13 | | this Act:
| 14 | | (1) The Agency shall have authority to make the | 15 | | determination of any
question required to be determined by | 16 | | the Clean Air Act, as now or
hereafter amended, this Act, | 17 | | or the regulations of the Board, including the
| 18 | | determination of the Lowest Achievable Emission Rate, | 19 | | Maximum Achievable
Control Technology, or Best Available | 20 | | Control Technology, consistent with the
Board's | 21 | | regulations, if any.
| 22 | | (2) The Agency shall adopt requirements as necessary to | 23 | | implement public participation procedures, including, but | 24 | | not limited to, public notice, comment, and an opportunity | 25 | | for hearing, which must accompany the processing of | 26 | | applications for PSD permits. The Agency shall briefly |
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| 1 | | describe and respond to all significant comments on the | 2 | | draft permit raised during the public comment period or | 3 | | during any hearing. The Agency may group related comments | 4 | | together and provide one unified response for each issue | 5 | | raised. | 6 | | (3) Any complete permit application submitted to the | 7 | | Agency under this subsection for a PSD permit shall be | 8 | | granted or denied by the Agency not later than one year | 9 | | after the filing of such completed application. | 10 | | (4) The Agency shall, after conferring with the | 11 | | applicant, give written
notice to the applicant of its | 12 | | proposed decision on the application including
the terms | 13 | | and conditions of the permit to be issued and the facts, | 14 | | conduct
or other basis upon which the Agency will rely to | 15 | | support its proposed action.
| 16 | | (g) The Agency shall include as conditions upon all permits | 17 | | issued for
hazardous waste disposal sites such restrictions | 18 | | upon the future use
of such sites as are reasonably necessary | 19 | | to protect public health and
the environment, including | 20 | | permanent prohibition of the use of such
sites for purposes | 21 | | which may create an unreasonable risk of injury to human
health | 22 | | or to the environment. After administrative and judicial | 23 | | challenges
to such restrictions have been exhausted, the Agency | 24 | | shall file such
restrictions of record in the Office of the | 25 | | Recorder of the county in which
the hazardous waste disposal | 26 | | site is located.
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| 1 | | (h) A hazardous waste stream may not be deposited in a | 2 | | permitted hazardous
waste site unless specific authorization | 3 | | is obtained from the Agency by the
generator and disposal site | 4 | | owner and operator for the deposit of that specific
hazardous | 5 | | waste stream. The Agency may grant specific authorization for
| 6 | | disposal of hazardous waste streams only after the generator | 7 | | has reasonably
demonstrated that, considering
technological | 8 | | feasibility and economic reasonableness, the hazardous waste
| 9 | | cannot be reasonably recycled for reuse, nor incinerated or | 10 | | chemically,
physically or biologically treated so as to | 11 | | neutralize the hazardous waste
and render it nonhazardous. In | 12 | | granting authorization under this Section,
the Agency may | 13 | | impose such conditions as may be necessary to accomplish
the | 14 | | purposes of the Act and are consistent with this Act and | 15 | | regulations
promulgated by the Board hereunder. If the Agency | 16 | | refuses to grant
authorization under this Section, the | 17 | | applicant may appeal as if the Agency
refused to grant a | 18 | | permit, pursuant to the provisions of subsection (a) of
Section | 19 | | 40 of this Act. For purposes of this subsection (h), the term
| 20 | | "generator" has the meaning given in Section 3.205 of this Act,
| 21 | | unless: (1) the hazardous waste is treated, incinerated, or | 22 | | partially recycled
for reuse prior to disposal, in which case | 23 | | the last person who treats,
incinerates, or partially recycles | 24 | | the hazardous waste prior to disposal is the
generator; or (2) | 25 | | the hazardous waste is from a response action, in which case
| 26 | | the person performing the response action is the generator. |
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| 1 | | This subsection
(h) does not apply to any hazardous waste that | 2 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 3 | | (i) Before issuing any RCRA permit, any permit for a waste | 4 | | storage site,
sanitary landfill, waste disposal site, waste | 5 | | transfer station, waste treatment
facility, waste incinerator, | 6 | | or any waste-transportation operation, any permit or interim | 7 | | authorization for a clean construction or demolition debris | 8 | | fill operation, or any permit required under subsection (d-5) | 9 | | of Section 55, the Agency
shall conduct an evaluation of the | 10 | | prospective owner's or operator's prior
experience in waste | 11 | | management operations, clean construction or demolition debris | 12 | | fill operations, and tire storage site management. The Agency | 13 | | may deny such a permit, or deny or revoke interim | 14 | | authorization,
if the prospective owner or operator or any | 15 | | employee or officer of the
prospective owner or operator has a | 16 | | history of:
| 17 | | (1) repeated violations of federal, State, or local | 18 | | laws, regulations,
standards, or ordinances in the | 19 | | operation of waste management facilities or
sites, clean | 20 | | construction or demolition debris fill operation | 21 | | facilities or sites, or tire storage sites; or
| 22 | | (2) conviction in this or another State of any crime | 23 | | which is a felony
under the laws of this State, or | 24 | | conviction of a felony in a federal court; or conviction in | 25 | | this or another state or federal court of any of the | 26 | | following crimes: forgery, official misconduct, bribery, |
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| 1 | | perjury, or knowingly submitting false information under | 2 | | any environmental law, regulation, or permit term or | 3 | | condition; or
| 4 | | (3) proof of gross carelessness or incompetence in | 5 | | handling, storing,
processing, transporting or disposing | 6 | | of waste, clean construction or demolition debris, or used | 7 | | or waste tires, or proof of gross carelessness or | 8 | | incompetence in using clean construction or demolition | 9 | | debris as fill.
| 10 | | (i-5) Before issuing any permit or approving any interim | 11 | | authorization for a clean construction or demolition debris | 12 | | fill operation in which any ownership interest is transferred | 13 | | between January 1, 2005, and the effective date of the | 14 | | prohibition set forth in Section 22.52 of this Act, the Agency | 15 | | shall conduct an evaluation of the operation if any previous | 16 | | activities at the site or facility may have caused or allowed | 17 | | contamination of the site. It shall be the responsibility of | 18 | | the owner or operator seeking the permit or interim | 19 | | authorization to provide to the Agency all of the information | 20 | | necessary for the Agency to conduct its evaluation. The Agency | 21 | | may deny a permit or interim authorization if previous | 22 | | activities at the site may have caused or allowed contamination | 23 | | at the site, unless such contamination is authorized under any | 24 | | permit issued by the Agency.
| 25 | | (j) The issuance under this Act of a permit to engage in | 26 | | the surface mining
of any resources other than fossil fuels |
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| 1 | | shall not relieve
the permittee from its duty to comply with | 2 | | any applicable local law regulating
the commencement, location | 3 | | or operation of surface mining facilities.
| 4 | | (k) A development permit issued under subsection (a) of | 5 | | Section 39 for any
facility or site which is required to have a | 6 | | permit under subsection (d) of
Section 21 shall expire at the | 7 | | end of 2 calendar years from the date upon which
it was issued, | 8 | | unless within that period the applicant has taken action to
| 9 | | develop the facility or the site. In the event that review of | 10 | | the
conditions of the development permit is sought pursuant to | 11 | | Section 40 or
41, or permittee is prevented from commencing | 12 | | development of the facility
or site by any other litigation | 13 | | beyond the permittee's control, such
two-year period shall be | 14 | | deemed to begin on the date upon which such review
process or | 15 | | litigation is concluded.
| 16 | | (l) No permit shall be issued by the Agency under this Act | 17 | | for
construction or operation of any facility or site located | 18 | | within the
boundaries of any setback zone established pursuant | 19 | | to this Act, where such
construction or operation is | 20 | | prohibited.
| 21 | | (m) The Agency may issue permits to persons owning or | 22 | | operating
a facility for composting landscape waste. In | 23 | | granting such permits, the Agency
may impose such conditions as | 24 | | may be necessary to accomplish the purposes of
this Act, and as | 25 | | are not inconsistent with applicable regulations promulgated
| 26 | | by the Board. Except as otherwise provided in this Act, a bond |
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| 1 | | or other
security shall not be required as a condition for the | 2 | | issuance of a permit. If
the Agency denies any permit pursuant | 3 | | to this subsection, the Agency shall
transmit to the applicant | 4 | | within the time limitations of this subsection
specific, | 5 | | detailed statements as to the reasons the permit application | 6 | | was
denied. Such statements shall include but not be limited to | 7 | | the following:
| 8 | | (1) the Sections of this Act that may be violated if | 9 | | the permit
were granted;
| 10 | | (2) the specific regulations promulgated pursuant to | 11 | | this
Act that may be violated if the permit were granted;
| 12 | | (3) the specific information, if any, the Agency deems | 13 | | the
applicant did not provide in its application to the | 14 | | Agency; and
| 15 | | (4) a statement of specific reasons why the Act and the | 16 | | regulations
might be violated if the permit were granted.
| 17 | | If no final action is taken by the Agency within 90 days | 18 | | after the filing
of the application for permit, the applicant | 19 | | may deem the permit issued.
Any applicant for a permit may | 20 | | waive the 90-day limitation by filing a
written statement with | 21 | | the Agency.
| 22 | | The Agency shall issue permits for such facilities upon | 23 | | receipt of an
application that includes a legal description of | 24 | | the site, a topographic
map of the site drawn to the scale of | 25 | | 200 feet to the inch or larger, a
description of the operation, | 26 | | including the area served, an estimate of
the volume of |
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| 1 | | materials to be processed, and documentation that:
| 2 | | (1) the facility includes a setback of at
least 200 | 3 | | feet from the nearest potable water supply well;
| 4 | | (2) the facility is located outside the boundary
of the | 5 | | 10-year floodplain or the site will be floodproofed;
| 6 | | (3) the facility is located so as to minimize
| 7 | | incompatibility with the character of the surrounding | 8 | | area, including at
least a 200 foot setback from any | 9 | | residence, and in the case of a
facility that is developed | 10 | | or the permitted composting area of which is
expanded after | 11 | | November 17, 1991, the composting area is located at least | 12 | | 1/8
mile from the nearest residence (other than a residence | 13 | | located on the same
property as the facility);
| 14 | | (4) the design of the facility will prevent any compost | 15 | | material from
being placed within 5 feet of the water | 16 | | table, will adequately control runoff
from the site, and | 17 | | will collect and manage any leachate that is generated on
| 18 | | the site;
| 19 | | (5) the operation of the facility will include | 20 | | appropriate dust
and odor control measures, limitations on | 21 | | operating hours, appropriate
noise control measures for | 22 | | shredding, chipping and similar equipment,
management | 23 | | procedures for composting, containment and disposal of
| 24 | | non-compostable wastes, procedures to be used for
| 25 | | terminating operations at the site, and recordkeeping | 26 | | sufficient to
document the amount of materials received, |
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| 1 | | composted and otherwise
disposed of; and
| 2 | | (6) the operation will be conducted in accordance with | 3 | | any applicable
rules adopted by the Board.
| 4 | | The Agency shall issue renewable permits of not longer than | 5 | | 10 years
in duration for the composting of landscape wastes, as | 6 | | defined in Section
3.155 of this Act, based on the above | 7 | | requirements.
| 8 | | The operator of any facility permitted under this | 9 | | subsection (m) must
submit a written annual statement to the | 10 | | Agency on or before April 1 of
each year that includes an | 11 | | estimate of the amount of material, in tons,
received for | 12 | | composting.
| 13 | | (n) The Agency shall issue permits jointly with the | 14 | | Department of
Transportation for the dredging or deposit of | 15 | | material in Lake Michigan in
accordance with Section 18 of the | 16 | | Rivers, Lakes, and Streams Act.
| 17 | | (o) (Blank.)
| 18 | | (p) (1) Any person submitting an application for a permit | 19 | | for a new MSWLF
unit or for a lateral expansion under | 20 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 21 | | unit that has not received and is not subject to local
siting | 22 | | approval under Section 39.2 of this Act shall publish notice of | 23 | | the
application in a newspaper of general circulation in the | 24 | | county in which the
MSWLF unit is or is proposed to be located. | 25 | | The notice must be published at
least 15 days before submission | 26 | | of the permit application to the Agency. The
notice shall state |
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| 1 | | the name and address of the applicant, the location of the
| 2 | | MSWLF unit or proposed MSWLF unit, the nature and size of the | 3 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity | 4 | | proposed, the probable life of
the proposed activity, the date | 5 | | the permit application will be submitted, and a
statement that | 6 | | persons may file written comments with the Agency concerning | 7 | | the
permit application within 30 days after the filing of the | 8 | | permit application
unless the time period to submit comments is | 9 | | extended by the Agency.
| 10 | | When a permit applicant submits information to the Agency | 11 | | to supplement a
permit application being reviewed by the | 12 | | Agency, the applicant shall not be
required to reissue the | 13 | | notice under this subsection.
| 14 | | (2) The Agency shall accept written comments concerning the | 15 | | permit
application that are postmarked no later than 30 days | 16 | | after the
filing of the permit application, unless the time | 17 | | period to accept comments is
extended by the Agency.
| 18 | | (3) Each applicant for a permit described in part (1) of | 19 | | this subsection
shall file a
copy of the permit application | 20 | | with the county board or governing body of the
municipality in | 21 | | which the MSWLF unit is or is proposed to be located at the
| 22 | | same time the application is submitted to the Agency. The | 23 | | permit application
filed with the county board or governing | 24 | | body of the municipality shall include
all documents submitted | 25 | | to or to be submitted to the Agency, except trade
secrets as | 26 | | determined under Section 7.1 of this Act. The permit |
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| 1 | | application
and other documents on file with the county board | 2 | | or governing body of the
municipality shall be made available | 3 | | for public inspection during regular
business hours at the | 4 | | office of the county board or the governing body of the
| 5 | | municipality and may be copied upon payment of the actual cost | 6 | | of
reproduction.
| 7 | | (q) Within 6 months after July 12, 2011 (the effective date | 8 | | of Public Act 97-95), the Agency, in consultation with the | 9 | | regulated community, shall develop a web portal to be posted on | 10 | | its website for the purpose of enhancing review and promoting | 11 | | timely issuance of permits required by this Act. At a minimum, | 12 | | the Agency shall make the following information available on | 13 | | the web portal: | 14 | | (1) Checklists and guidance relating to the completion | 15 | | of permit applications, developed pursuant to subsection | 16 | | (s) of this Section, which may include, but are not limited | 17 | | to, existing instructions for completing the applications | 18 | | and examples of complete applications. As the Agency | 19 | | develops new checklists and develops guidance, it shall | 20 | | supplement the web portal with those materials. | 21 | | (2) Within 2 years after July 12, 2011 (the effective | 22 | | date of Public Act 97-95), permit application forms or | 23 | | portions of permit applications that can be completed and | 24 | | saved electronically, and submitted to the Agency | 25 | | electronically with digital signatures. | 26 | | (3) Within 2 years after July 12, 2011 (the effective |
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| 1 | | date of Public Act 97-95), an online tracking system where | 2 | | an applicant may review the status of its pending | 3 | | application, including the name and contact information of | 4 | | the permit analyst assigned to the application. Until the | 5 | | online tracking system has been developed, the Agency shall | 6 | | post on its website semi-annual permitting efficiency | 7 | | tracking reports that include statistics on the timeframes | 8 | | for Agency action on the following types of permits | 9 | | received after July 12, 2011 (the effective date of Public | 10 | | Act 97-95): air construction permits, new NPDES permits and | 11 | | associated water construction permits, and modifications | 12 | | of major NPDES permits and associated water construction | 13 | | permits. The reports must be posted by February 1 and | 14 | | August 1 each year and shall include: | 15 | | (A) the number of applications received for each | 16 | | type of permit, the number of applications on which the | 17 | | Agency has taken action, and the number of applications | 18 | | still pending; and | 19 | | (B) for those applications where the Agency has not | 20 | | taken action in accordance with the timeframes set | 21 | | forth in this Act, the date the application was | 22 | | received and the reasons for any delays, which may | 23 | | include, but shall not be limited to, (i) the | 24 | | application being inadequate or incomplete, (ii) | 25 | | scientific or technical disagreements with the | 26 | | applicant, USEPA, or other local, state, or federal |
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| 1 | | agencies involved in the permitting approval process, | 2 | | (iii) public opposition to the permit, or (iv) Agency | 3 | | staffing shortages. To the extent practicable, the | 4 | | tracking report shall provide approximate dates when | 5 | | cause for delay was identified by the Agency, when the | 6 | | Agency informed the applicant of the problem leading to | 7 | | the delay, and when the applicant remedied the reason | 8 | | for the delay. | 9 | | (r) Upon the request of the applicant, the Agency shall | 10 | | notify the applicant of the permit analyst assigned to the | 11 | | application upon its receipt. | 12 | | (s) The Agency is authorized to prepare and distribute | 13 | | guidance documents relating to its administration of this | 14 | | Section and procedural rules implementing this Section. | 15 | | Guidance documents prepared under this subsection shall not be | 16 | | considered rules and shall not be subject to the Illinois | 17 | | Administrative Procedure Act. Such guidance shall not be | 18 | | binding on any party. | 19 | | (t) Except as otherwise prohibited by federal law or | 20 | | regulation, any person submitting an application for a permit | 21 | | may include with the application suggested permit language for | 22 | | Agency consideration. The Agency is not obligated to use the | 23 | | suggested language or any portion thereof in its permitting | 24 | | decision. If requested by the permit applicant, the Agency | 25 | | shall meet with the applicant to discuss the suggested | 26 | | language. |
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| 1 | | (u) If requested by the permit applicant, the Agency shall | 2 | | provide the permit applicant with a copy of the draft permit | 3 | | prior to any public review period. | 4 | | (v) If requested by the permit applicant, the Agency shall | 5 | | provide the permit applicant with a copy of the final permit | 6 | | prior to its issuance. | 7 | | (w) An air pollution permit shall not be required due to | 8 | | emissions of greenhouse gases, as specified by Section 9.15 of | 9 | | this Act. | 10 | | (x) If, before the expiration of a State operating permit | 11 | | that is issued pursuant to subsection (a) of this Section and | 12 | | contains federally enforceable conditions limiting the | 13 | | potential to emit of the source to a level below the major | 14 | | source threshold for that source so as to exclude the source | 15 | | from the Clean Air Act Permit Program, the Agency receives a | 16 | | complete application for the renewal of that permit, then all | 17 | | of the terms and conditions of the permit shall remain in | 18 | | effect until final administrative action has been taken on the | 19 | | application for the renewal of the permit. | 20 | | (y) The Agency may issue permits exclusively under this | 21 | | subsection to persons owning or operating a CCR surface | 22 | | impoundment subject to Section 22.59. | 23 | | All CCR surface impoundment permits shall contain those | 24 | | terms and conditions, including, but not limited to, schedules | 25 | | of compliance, which may be required to accomplish the purposes | 26 | | and provisions of this Act, Board regulations, the Illinois |
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| 1 | | Groundwater Protection Act and regulations pursuant thereto, | 2 | | and the Resource Conservation and Recovery Act and regulations | 3 | | pursuant thereto, and may include schedules for achieving | 4 | | compliance therewith as soon as possible. | 5 | | The Board shall adopt filing requirements and procedures | 6 | | that are necessary and appropriate for the issuance of CCR | 7 | | surface impoundment permits and that are consistent with this | 8 | | Act or regulations adopted by the Board, and with the RCRA, as | 9 | | amended, and regulations pursuant thereto. | 10 | | The applicant shall make available to the public for | 11 | | inspection all documents submitted by the applicant to the | 12 | | Agency in furtherance of an application, with the exception of | 13 | | trade secrets, on its public internet website as well as at the | 14 | | office of the county board or governing body of the | 15 | | municipality where CCR from the CCR surface impoundment will be | 16 | | permanently disposed. Such documents may be copied upon payment | 17 | | of the actual cost of reproduction during regular business | 18 | | hours of the local office. | 19 | | The Agency shall issue a written statement concurrent with | 20 | | its grant or denial of the permit explaining the basis for its | 21 | | decision. | 22 | | (Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; | 23 | | 99-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
| 24 | | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| 25 | | Sec. 40. Appeal of permit denial.
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| 1 | | (a)(1) If the Agency refuses to grant or grants with | 2 | | conditions a permit
under Section 39 of this Act, the applicant | 3 | | may, within 35 days after the
date on which the Agency served | 4 | | its decision on the applicant, petition for
a hearing before | 5 | | the Board to contest the decision of the Agency. However,
the | 6 | | 35-day period for petitioning for a hearing may be extended for | 7 | | an
additional period of time not to exceed 90 days by written | 8 | | notice
provided to the Board from the applicant and the Agency | 9 | | within the initial
appeal period. The Board shall give 21 days' | 10 | | notice to any person in the
county where is located the | 11 | | facility in issue who has requested notice of
enforcement | 12 | | proceedings and to each member of the General Assembly in whose
| 13 | | legislative district that installation or property is located; | 14 | | and shall
publish that 21-day notice in a newspaper of general | 15 | | circulation in that
county. The Agency shall appear as | 16 | | respondent in such hearing. At such
hearing the rules | 17 | | prescribed in Section 32 and subsection (a) of Section 33 of
| 18 | | this Act shall apply, and the burden of proof shall be on the | 19 | | petitioner. If,
however, the Agency issues an NPDES permit that | 20 | | imposes limits which are based
upon a criterion or denies a | 21 | | permit based upon application of a criterion,
then the Agency | 22 | | shall have the burden of going forward with the basis for
the | 23 | | derivation of those limits or criterion which were derived | 24 | | under the
Board's rules.
| 25 | | (2) Except as provided in paragraph (a)(3), if there is no | 26 | | final action by
the Board within 120 days after the date on |
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| 1 | | which it received the petition,
the petitioner may deem the | 2 | | permit issued under this Act, provided,
however, that that | 3 | | period of 120 days shall not run for any period of time,
not to | 4 | | exceed 30 days, during which the Board is without sufficient | 5 | | membership
to constitute the quorum required by subsection (a) | 6 | | of Section 5 of this Act,
and provided further that such 120 | 7 | | day period shall not be stayed for lack of
quorum beyond 30 | 8 | | days regardless of whether the lack of quorum exists at the
| 9 | | beginning of such 120-day period or occurs during the running | 10 | | of such 120-day
period.
| 11 | | (3) Paragraph (a)(2) shall not apply to any permit which is | 12 | | subject
to subsection (b), (d) or (e) of Section 39. If there | 13 | | is no final action by
the Board within 120 days after the date | 14 | | on which it received the petition,
the petitioner shall be | 15 | | entitled to an Appellate Court order pursuant to
subsection (d) | 16 | | of Section 41 of this Act.
| 17 | | (b) If the Agency grants a RCRA permit for a hazardous | 18 | | waste disposal site,
a third party, other than the permit | 19 | | applicant or Agency, may, within 35
days after the date on | 20 | | which the Agency issued its decision, petition the
Board for a | 21 | | hearing to contest the issuance of the permit.
Unless the Board | 22 | | determines that such petition is duplicative or frivolous, or | 23 | | that the petitioner is so located as to
not be affected by the | 24 | | permitted facility, the Board shall hear the
petition in | 25 | | accordance with the terms of subsection (a) of this Section
and | 26 | | its procedural rules governing denial appeals, such hearing to |
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| 1 | | be
based exclusively on the record before the Agency. The | 2 | | burden of proof
shall be on the petitioner. The Agency and the | 3 | | permit applicant shall
be named co-respondents.
| 4 | | The provisions of this subsection do not apply to the | 5 | | granting of permits
issued for the disposal or utilization of | 6 | | sludge from publicly-owned sewage
works.
| 7 | | (c) Any party to an Agency proceeding conducted pursuant to | 8 | | Section
39.3 of this Act may petition as of right to the Board | 9 | | for review of the
Agency's decision within 35 days from the | 10 | | date of issuance of the Agency's
decision, provided that such | 11 | | appeal is not duplicative
or frivolous.
However, the 35-day | 12 | | period for petitioning for a hearing may be extended
by the | 13 | | applicant for a period of time not to exceed 90 days by written | 14 | | notice
provided to the Board from the applicant and the Agency | 15 | | within the initial
appeal period. If another person with | 16 | | standing to appeal wishes to obtain
an extension, there must be | 17 | | a written notice provided to the Board by that
person, the | 18 | | Agency, and the applicant, within the initial appeal period.
| 19 | | The decision of the Board shall be based exclusively on the | 20 | | record compiled
in the Agency proceeding. In other respects the | 21 | | Board's review shall be
conducted in accordance with subsection | 22 | | (a) of this Section and the Board's
procedural rules governing | 23 | | permit denial appeals.
| 24 | | (d) In reviewing the denial or any condition of a NA NSR | 25 | | permit issued by the
Agency pursuant to rules and regulations | 26 | | adopted under subsection (c)
of Section 9.1 of this Act, the |
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| 1 | | decision of the Board
shall be based exclusively on the record | 2 | | before the Agency including the
record of the hearing, if any, | 3 | | unless the parties agree to supplement the record. The Board | 4 | | shall, if
it finds the Agency is in error, make a final | 5 | | determination as to the
substantive limitations of the permit | 6 | | including a final determination of
Lowest Achievable Emission | 7 | | Rate.
| 8 | | (e)(1) If the Agency grants or denies a permit under | 9 | | subsection (b) of
Section 39 of this Act, a third party, other | 10 | | than the permit applicant or
Agency, may petition the Board | 11 | | within 35 days from the date of issuance of
the Agency's | 12 | | decision, for a hearing to contest the decision of the Agency.
| 13 | | (2) A petitioner shall include the following within a | 14 | | petition submitted
under subdivision (1) of this subsection:
| 15 | | (A) a demonstration that the petitioner raised the | 16 | | issues contained
within the petition during the public | 17 | | notice period or during the public
hearing on the NPDES | 18 | | permit application, if a public hearing was held; and
| 19 | | (B) a demonstration that the petitioner is so situated | 20 | | as to be
affected by the permitted facility.
| 21 | | (3) If the Board determines that the petition is not | 22 | | duplicative or frivolous and contains a satisfactory | 23 | | demonstration under
subdivision (2) of this subsection, the | 24 | | Board shall hear the petition (i) in
accordance with the terms | 25 | | of subsection (a) of this Section and its procedural
rules | 26 | | governing permit denial appeals and (ii) exclusively on the |
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| 1 | | basis of the
record before the Agency. The burden of proof | 2 | | shall be on the petitioner.
The Agency and permit applicant | 3 | | shall be named co-respondents.
| 4 | | (f) Any person who files a petition to contest the issuance | 5 | | of a
permit by the Agency shall pay a filing fee.
| 6 | | (g) If the Agency grants or denies a permit under | 7 | | subsection (y) of Section 39, a third party, other than the | 8 | | permit applicant or Agency, may appeal the Agency's decision as | 9 | | provided under federal law for CCR surface impoundment permits. | 10 | | (Source: P.A. 99-463, eff. 1-1-16; 100-201, eff. 8-18-17.)
| 11 | | Section 10. The State Finance Act is amended by adding | 12 | | Section 5.891 as follows: | 13 | | (30 ILCS 105/5.891 new) | 14 | | Sec. 5.891. The Coal Combustion Residual Surface | 15 | | Impoundment Financial Assurance Fund. | 16 | | Section 97. Severability. The provisions of this Act are | 17 | | severable under Section 1.31 of the Statute on Statutes.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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