The county board or the governing body of the municipality may also
consider as evidence the previous operating experience and past record of
convictions or admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management when
considering criteria (ii) and (v) under this Section.
If the facility is subject to the location restrictions in Section 22.14 of this Act, compliance with that Section shall be determined as of the date the application for siting approval is filed.
(b) No later than 14 days before the date on which the county board or
governing body of the municipality receives a request for
site approval, the applicant shall cause written notice
of such request to be served either in person or by registered mail, return
receipt requested, on the owners of all property within the subject area not
solely owned by the applicant, and on the owners of all property within 250
feet in each direction of the lot line of the subject property, said owners
being such persons or entities which appear from the authentic tax records of
the County in which such facility is to be located; provided, that the number
of all feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement; provided further, that
in no event shall this requirement exceed 400 feet, including public streets,
alleys and other public ways.
Such written notice shall also be served upon members of the General Assembly
from the legislative district in which the proposed facility is located
and shall be published in a newspaper of general circulation published in
the county in which the site is located.
Such notice shall state the name and address of the applicant, the location
of the proposed site, the nature and size of the development, the nature of the
activity proposed, the probable life of the proposed activity, the date when
the request for site approval will be submitted, and a description of the right
of persons to comment on such request as hereafter provided.
(c) An applicant shall file a copy of its request with the county board
of the county or the governing body of the municipality in which the proposed
site is located. The request shall include (i) the substance of the
applicant's proposal and (ii) all documents, if any, submitted as of that date
to the Agency pertaining to the proposed facility, except trade secrets as
determined under Section 7.1 of this Act. All such documents or other
materials on file with the county board or governing body of the municipality
shall be made available for public inspection at the office of the county board
or the governing body of the municipality and may be copied upon payment of the
actual cost of reproduction.
Any person may file written comment with the county board or governing
body of the municipality concerning the appropriateness of the proposed
site for its intended purpose. The county board or governing body of the
municipality shall consider any comment received or postmarked not later
than 30 days after the date of the last public hearing.
(d) At least one public hearing, at which an applicant shall present at least one witness to testify subject to cross-examination, is to be held by the county board or
governing body of the municipality no sooner than 90 days but no later than
120 days after the date on which it received the
request for site approval. No later than 14 days prior to such hearing,
notice shall be published in a newspaper of general circulation published in
the county of the proposed site, and delivered by certified mail to all members
of the General Assembly from the district in which the proposed site is
located, to the governing authority of every municipality contiguous to the
proposed site or contiguous to the municipality in which the proposed site is
to be located, to the county board of the county where the proposed site is to
be located, if the proposed site is located within the boundaries of a
municipality, and to the Agency. Members or representatives of the governing
authority of a municipality contiguous to the proposed site or contiguous to
the municipality in which the proposed site is to be located and, if the
proposed site is located in a municipality, members or representatives of the
county board of a county in which the proposed site is to be located may appear
at and participate in public hearings held pursuant to this Section. The
public hearing shall develop a record sufficient to form the basis of appeal
of the decision in accordance with Section 40.1 of this Act. The fact that a
member of the county board or governing body of the municipality has publicly
expressed an opinion on an issue related to a site review proceeding shall not
preclude the member from taking part in the proceeding and voting on the issue.
(e) Decisions of the county board or governing body of the municipality
are to be in writing, confirming a public hearing was held with testimony from at least one witness presented by the applicant, specifying the reasons for the decision, such reasons
to be in conformance with subsection (a) of this Section. In granting approval
for a site the county board or governing body of the municipality may impose
such conditions as may be reasonable and necessary to accomplish the purposes
of this Section and as are not inconsistent with regulations promulgated
by the Board. Such decision shall be available for public inspection at
the office of the county board or governing body of the municipality and
may be copied upon payment of the actual cost of reproduction. If there is
no final action by the county board or governing body of the municipality
within 180 days after the date on which it received the
request for site approval, the applicant may deem the request approved.
At the public hearing, at any time prior to completion by the applicant of the presentation of
the applicant's factual evidence, testimony, and an opportunity for cross-examination
by the county board or governing body of the municipality and any participants,
the applicant may file not more than one amended application upon payment
of additional fees pursuant to subsection (k); in which case the time
limitation for final action set forth in this subsection (e) shall
be extended for an additional period of 90 days.
If, prior to making a final local siting decision, a county board or
governing body of a municipality has negotiated and entered into a host
agreement with the local siting applicant, the terms and conditions of
the host agreement, whether written or oral, shall be disclosed and made
a part of the hearing record for that local siting proceeding.
In the case of an oral agreement, the disclosure shall be made in the form
of a written summary jointly prepared and submitted by the county board or
governing body of the municipality and the siting applicant and shall describe
the terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section is transferable
and may be transferred to a subsequent owner or operator. In the event that
siting approval has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes and takes subject to any and all
conditions imposed upon the prior owner or operator by the county board of
the county or governing body of the municipality pursuant to subsection (e).
However, any such conditions imposed pursuant to this Section may be modified
by agreement between the subsequent owner or operator and the appropriate
county board or governing body. Further, in the event that siting approval
obtained pursuant to this Section has been transferred to a subsequent owner or
operator, that subsequent owner or operator assumes all rights and obligations
and takes the facility subject to any and all terms and conditions of any
existing host agreement between the prior owner or operator and the appropriate
county board or governing body.
(f) A local siting approval granted under this Section shall expire at
the end of 2 calendar years from the date upon which it was granted, unless
the local siting approval granted under this Section is for a sanitary landfill
operation, in which case the approval shall expire at the end of 3 calendar
years from the date upon which it was granted, and unless within that period
the applicant has made application to the Agency for a
permit to develop the site. In the event that the local siting decision has
been appealed, such expiration period shall be deemed to begin on the date
upon which the appeal process is concluded.
Except as otherwise provided in this subsection, upon the expiration
of a development permit under subsection (k) of Section 39, any associated
local siting approval granted for the facility under this Section shall also
If a first development permit for a municipal waste incineration
facility expires under subsection (k) of Section 39 after September 30,
1989 due to circumstances beyond the control of the applicant, any
associated local siting approval granted for the facility under this
Section may be used to fulfill the local siting approval requirement upon
application for a second development permit for the same site, provided
that the proposal in the new application is materially the same, with respect
to the criteria in subsection (a) of this Section, as the proposal that
received the original siting approval, and application for the second
development permit is made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal procedures
provided for in this Act for new pollution control facilities
shall be the exclusive siting procedures and rules and appeal procedures
for facilities subject to such procedures. Local zoning or other local land
use requirements shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing or new
pollution control facility located within the corporate limits of
a municipality with a population of over 1,000,000.
The Board shall adopt regulations establishing the geologic and
hydrologic siting criteria necessary to protect usable groundwater
resources which are to be followed by the Agency in its review of permit
applications for new pollution control facilities. Such
regulations, insofar as they apply to new pollution control
facilities authorized to store, treat or dispose of any hazardous waste,
shall be at least as stringent as the requirements of the Resource
Conservation and Recovery Act and any State or federal regulations adopted
(j) Any new pollution control facility which has never obtained local
siting approval under the provisions of this Section shall be required to
obtain such approval after a final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality may charge
applicants for siting review under this Section a reasonable fee to cover
the reasonable and necessary costs incurred by such county or municipality
in the siting review process.
(l) The governing Authority as determined by subsection (c) of Section
39 of this Act may request the Department of Transportation to perform
traffic impact studies of proposed or potential locations for required
pollution control facilities.
(m) An applicant may not file a request for local siting approval which is
substantially the same as a request which was disapproved pursuant to a
finding against the applicant under any of criteria (i) through (ix) of
subsection (a) of this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county board or
governing body of a municipality made pursuant to the local
siting review process, the petitioner in the review proceeding shall pay to
the county or municipality the cost of preparing and certifying the record
of proceedings. Should the petitioner in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
In the event the petitioner is a citizens' group that participated in the
siting proceeding and is so located as to be affected by the proposed
facility, such petitioner shall be exempt from paying the costs of
preparing and certifying the record.
(o) Notwithstanding any other provision of this Section, a transfer
station used exclusively for landscape waste, where landscape waste is held
no longer than 24 hours from the time it was received, is not subject to the
requirements of local siting approval under this Section, but is subject only
to local zoning approval.
(Source: P.A. 100-382, eff. 8-25-17.)