(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031) Sec. 31. Notice; complaint; hearing. (a)(1) Within 180 days after becoming aware of an alleged violation of this Act, any rule adopted under this Act, a permit granted by the Agency, or a condition of such a permit, the Agency shall issue and serve, by certified mail, upon the person complained against a written notice informing that person that the Agency has evidence of the alleged violation. At a minimum, the written notice shall contain: (A) a notification to the person complained against |
| of the requirement to submit a written response addressing the violations alleged and the option to meet with appropriate agency personnel to resolve any alleged violations that could lead to the filing of a formal complaint;
|
|
(B) a detailed explanation by the Agency of the
|
|
(C) an explanation by the Agency of the actions that
|
| the Agency believes may resolve the alleged violations, including an estimate of a reasonable time period for the person complained against to complete the suggested resolution; and
|
|
(D) an explanation of any alleged violation that the
|
| Agency believes cannot be resolved without the involvement of the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred and the basis for the Agency's belief.
|
|
(2) A written response to the violations alleged shall be submitted to the Agency, by certified mail, within 45 days after receipt of notice by the person complained against, or within an extended time period as agreed to by the Agency and person complained against. The written response shall include:
(A) information in rebuttal, explanation, or
|
| justification of each alleged violation;
|
|
(B) if the person complained against desires to enter
|
| into a Compliance Commitment Agreement, proposed terms for a Compliance Commitment Agreement that includes specified times for achieving each commitment and which may consist of a statement indicating that the person complained against believes that compliance has been achieved; and
|
|
(C) a request for a meeting with appropriate Agency
|
| personnel if a meeting is desired by the person complained against.
|
|
(3) If the person complained against fails to respond in accordance with the requirements of subdivision (2) of this subsection (a), the failure to respond shall be considered a waiver of the requirements of this subsection (a) and nothing in this Section shall preclude the Agency from proceeding pursuant to subsection (b) of this Section.
(4) A meeting requested pursuant to subdivision (2) of this subsection (a) shall be held without a representative of the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred, within 60 days after receipt of notice by the person complained against, or within an extended time period as agreed to by the Agency and person complained against. At the meeting, the Agency shall provide an opportunity for the person complained against to respond to each alleged violation, suggested resolution, and suggested implementation time frame, and to suggest alternate resolutions.
(5) If a meeting requested pursuant to subdivision (2) of this subsection (a) is held, the person complained against shall, within 21 days following the meeting or within an extended time period as agreed to by the Agency and person complained against, submit by certified mail to the Agency a written response to the alleged violations. The written response shall include:
(A) additional information in rebuttal, explanation,
|
| or justification of each alleged violation;
|
|
(B) if the person complained against desires to enter
|
| into a Compliance Commitment Agreement, proposed terms for a Compliance Commitment Agreement that includes specified times for achieving each commitment and which may consist of a statement indicating that the person complained against believes that compliance has been achieved; and
|
|
(C) a statement indicating that, should the person
|
| complained against so wish, the person complained against chooses to rely upon the initial written response submitted pursuant to subdivision (2) of this subsection (a).
|
|
(6) If the person complained against fails to respond in accordance with the requirements of subdivision (5) of this subsection (a), the failure to respond shall be considered a waiver of the requirements of this subsection (a) and nothing in this Section shall preclude the Agency from proceeding pursuant to subsection (b) of this Section.
(7) Within 30 days after the Agency's receipt of a written response submitted by the person complained against pursuant to subdivision (2) of this subsection (a) if a meeting is not requested or pursuant to subdivision (5) of this subsection (a) if a meeting is held, or within a later time period as agreed to by the Agency and the person complained against, the Agency shall issue and serve, by certified mail, upon the person complained against (i) a proposed Compliance Commitment Agreement or (ii) a notice that one or more violations cannot be resolved without the involvement of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred and that no proposed Compliance Commitment Agreement will be issued by the Agency for those violations. The Agency shall include terms and conditions in the proposed Compliance Commitment Agreement that are, in its discretion, necessary to bring the person complained against into compliance with the Act, any rule adopted under the Act, any permit granted by the Agency, or any condition of such a permit. The Agency shall take into consideration the proposed terms for the proposed Compliance Commitment Agreement that were provided under subdivision (a)(2)(B) or (a)(5)(B) of this Section by the person complained against.
(7.5) Within 30 days after the receipt of the Agency's proposed Compliance Commitment Agreement by the person complained against, or within a later time period not to exceed an additional 30 days as agreed to by the Agency and the person complained against, the person shall either (i) agree to and sign the proposed Compliance Commitment Agreement provided by the Agency and submit the signed Compliance Commitment Agreement to the Agency by certified mail or (ii) notify the Agency in writing by certified mail of the person's rejection of the proposed Compliance Commitment Agreement. If the person complained against fails to respond to the proposed Compliance Commitment Agreement within 30 days as required under this paragraph, the proposed Compliance Commitment Agreement is deemed rejected by operation of law. Any Compliance Commitment Agreement entered into under item (i) of this paragraph may be amended subsequently in writing by mutual agreement between the Agency and the signatory to the Compliance Commitment Agreement, the signatory's legal representative, or the signatory's agent.
(7.6) No person shall violate the terms or conditions of a Compliance Commitment Agreement entered into under subdivision (a)(7.5) of this Section. Successful completion of a Compliance Commitment Agreement or an amended Compliance Commitment Agreement shall be a factor to be weighed, in favor of the person completing the Agreement, by the Office of the Illinois Attorney General in determining whether to file a complaint for the violations that were the subject of the Agreement.
(7.7) Within 30 days after a Compliance Commitment Agreement takes effect or is amended in accordance with paragraph (7.5), the Agency shall publish a copy of the final executed Compliance Commitment Agreement on the Agency's website. The Agency shall maintain an Internet database of all Compliance Commitment Agreements entered on or after August 24, 2018 (the effective date of Public Act 100-1080). At a minimum, the database shall be searchable by the following categories: the county in which the facility that is subject to the Compliance Commitment Agreement is located; the date of final execution of the Compliance Commitment Agreement; the name of the respondent; and the media involved, including air, water, land, or public water supply.
(8) Nothing in this subsection (a) is intended to require the Agency to enter into Compliance Commitment Agreements for any alleged violation that the Agency believes cannot be resolved without the involvement of the Office of the Attorney General or the State's Attorney of the county in which the alleged violation occurred, for, among other purposes, the imposition of statutory penalties.
(9) The Agency's failure to respond within 30 days of receipt to a written response submitted pursuant to subdivision (2) of this subsection (a) if a meeting is not requested or pursuant to subdivision (5) of this subsection (a) if a meeting is held, or within the time period otherwise agreed to in writing by the Agency and the person complained against, shall be deemed an acceptance by the Agency of the proposed terms of the Compliance Commitment Agreement for the violations alleged in the written notice issued under subdivision (1) of this subsection (a) as contained within the written response.
(10) If the person complained against complies with the terms of a Compliance Commitment Agreement accepted pursuant to this subsection (a), the Agency shall not refer the alleged violations which are the subject of the Compliance Commitment Agreement to the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred. However, nothing in this subsection is intended to preclude the Agency from continuing negotiations with the person complained against or from proceeding pursuant to the provisions of subsection (b) of this Section for alleged violations that remain the subject of disagreement between the Agency and the person complained against following fulfillment of the requirements of this subsection (a).
(11) Nothing in this subsection (a) is intended to preclude the person complained against from submitting to the Agency, by certified mail, at any time, notification that the person complained against consents to waiver of the requirements of subsections (a) and (b) of this Section.
(12) The Agency shall have the authority to adopt rules for the administration of this subsection (a). The rules shall be adopted in accordance with the provisions of the Illinois Administrative Procedure Act.
(b) For alleged violations that remain the subject of disagreement between the Agency and the person complained against following fulfillment of the requirements of subsection (a) of this Section, and for alleged violations of the terms or conditions of a Compliance Commitment Agreement entered into under subdivision (a)(7.5) of this Section as well as the alleged violations that are the subject of the Compliance Commitment Agreement, and as a precondition to the Agency's referral or request to the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred for legal representation regarding an alleged violation that may be addressed pursuant to subsection (c) or (d) of this Section or pursuant to Section 42 of this Act, the Agency shall issue and serve, by certified mail, upon the person complained against a written notice informing that person that the Agency intends to pursue legal action. Such notice shall notify the person complained against of the violations to be alleged and offer the person an opportunity to meet with appropriate Agency personnel in an effort to resolve any alleged violations that could lead to the filing of a formal complaint. The meeting with Agency personnel shall be held within 30 days after receipt of notice served pursuant to this subsection upon the person complained against, unless the Agency agrees to a postponement or the person notifies the Agency that he or she will not appear at a meeting within the 30-day time period. Nothing in this subsection is intended to preclude the Agency from following the provisions of subsection (c) or (d) of this Section or from requesting the legal representation of the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violations occurred for alleged violations which remain the subject of disagreement between the Agency and the person complained against after the provisions of this subsection are fulfilled.
(c)(1) For alleged violations which remain the subject of disagreement between the Agency and the person complained against following waiver pursuant to subdivision (10) of subsection (a) of this Section or fulfillment of the requirements of subsections (a) and (b) of this Section, the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violation occurred shall issue and serve upon the person complained against a written notice, together with a formal complaint, which shall specify the provision of the Act, rule, regulation, permit, or term or condition thereof under which such person is said to be in violation and a statement of the manner in and the extent to which such person is said to violate the Act, rule, regulation, permit, or term or condition thereof and shall require the person so complained against to answer the charges of such formal complaint at a hearing before the Board at a time not less than 21 days after the date of notice by the Board, except as provided in Section 34 of this Act. Such complaint shall be accompanied by a notification to the defendant that financing may be available, through the Illinois Environmental Facilities Financing Act, to correct such violation. A copy of such notice of such hearings shall also be sent to any person who has complained to the Agency respecting the respondent within the six months preceding the date of the complaint, and to any person in the county in which the offending activity occurred that has requested notice of enforcement proceedings; 21 days notice of such hearings shall also be published in a newspaper of general circulation in such county. The respondent may file a written answer, and at such hearing the rules prescribed in Sections 32 and 33 of this Act shall apply. In the case of actual or threatened acts outside Illinois contributing to environmental damage in Illinois, the extraterritorial service-of-process provisions of Sections 2-208 and 2-209 of the Code of Civil Procedure shall apply.
With respect to notices served pursuant to this subsection (c)(1) that involve hazardous material or wastes in any manner, the Agency shall annually publish a list of all such notices served. The list shall include the date the investigation commenced, the date notice was sent, the date the matter was referred to the Attorney General, if applicable, and the current status of the matter.
(2) Notwithstanding the provisions of subdivision (1) of this subsection (c), whenever a complaint has been filed on behalf of the Agency or by the People of the State of Illinois, the parties may file with the Board a stipulation and proposal for settlement accompanied by a request for relief from the requirement of a hearing pursuant to subdivision (1). Unless the Board, in its discretion, concludes that a hearing will be held, the Board shall cause notice of the stipulation, proposal and request for relief to be published and sent in the same manner as is required for hearing pursuant to subdivision (1) of this subsection. The notice shall include a statement that any person may file a written demand for hearing within 21 days after receiving the notice. If any person files a timely written demand for hearing, the Board shall deny the request for relief from a hearing and shall hold a hearing in accordance with the provisions of subdivision (1).
(3) Notwithstanding the provisions of subdivision (1) of this subsection (c), if the Agency becomes aware of a violation of this Act arising from, or as a result of, voluntary pollution prevention activities, the Agency shall not proceed with the written notice required by subsection (a) of this Section unless:
(A) the person fails to take corrective action or
|
| eliminate the reported violation within a reasonable time; or
|
|
(B) the Agency believes that the violation poses a
|
| substantial and imminent danger to the public health or welfare or the environment. For the purposes of this item (B), "substantial and imminent danger" means a danger with a likelihood of serious or irreversible harm.
|
|
(d)(1) Any person may file with the Board a complaint, meeting the requirements of subsection (c) of this Section, against any person allegedly violating this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order. The complainant shall immediately serve a copy of such complaint upon the person or persons named therein. Unless the Board determines that such complaint is duplicative or frivolous, it shall schedule a hearing and serve written notice thereof upon the person or persons named therein, in accord with subsection (c) of this Section.
(2) Whenever a complaint has been filed by a person other than the Attorney General or the State's Attorney, the parties may file with the Board a stipulation and proposal for settlement accompanied by a request for relief from the hearing requirement of subdivision (c)(1) of this Section. Unless the Board, in its discretion, concludes that a hearing should be held, no hearing on the stipulation and proposal for settlement is required.
(e) In hearings before the Board under this Title the burden shall be on the Agency or other complainant to show either that the respondent has caused or threatened to cause air or water pollution or that the respondent has violated or threatens to violate any provision of this Act or any rule or regulation of the Board or permit or term or condition thereof. If such proof has been made, the burden shall be on the respondent to show that compliance with the Board's regulations would impose an arbitrary or unreasonable hardship.
(f) The provisions of this Section shall not apply to administrative citation actions commenced under Section 31.1 of this Act.
(Source: P.A. 103-168, eff. 6-30-23; 103-605, eff. 7-1-24.)
|
(415 ILCS 5/38.5) Sec. 38.5. Time-limited water quality standards. (a) To the extent consistent with the Federal Water Pollution Control Act, rules adopted by the United States Environmental Protection Agency under that Act, this Section, and rules adopted by the Board under this Section, the Board may adopt, and may conduct non-adjudicatory proceedings to adopt, a time-limited water quality standard for a watershed or one or more of the following: (1) water bodies; (2) waterbody segments; or (3) dischargers. (b) A time-limited water quality standard may be sought by: (1) persons who file with the Board a petition for a |
| time-limited water quality standard under this Section; and
|
|
(2) persons who have a petition for a variance from a
|
| water quality standard under Section 35 of this Act converted into a petition for a time-limited water quality standard under subsection (c) of this Section.
|
|
(c) Any petition for a variance from a water quality standard under Section 35 of this Act that was filed with the Board before the effective date of this amendatory Act of the 99th General Assembly and that has not been disposed of by the Board shall be converted, by operation of law, into a petition for a time-limited water quality standard under this Section on the effective date of this amendatory Act of the 99th General Assembly.
(d) The Board's hearings concerning the adoption of time-limited water quality standards shall be open to the public and must be held in compliance with 40 CFR 131.14, including, but not limited to, the public notice and participation requirements referenced in 40 CFR 25 and 40 CFR 131.20(b); this Section; and rules adopted by the Board under this Section.
(e) Within 21 days after any petition for a time-limited water quality standard is filed with the Board under this Section, or within 21 days after the effective date of this amendatory Act of the 99th General Assembly in the case of a petition for time-limited water quality standard created under subsection (c) of this Section, the Agency shall file with the Board a response that:
(1) identifies the discharger or classes of
|
| dischargers affected by the water quality standard from which relief is sought;
|
|
(2) identifies the watershed, water bodies, or
|
| waterbody segments affected by the water quality standard from which relief is sought;
|
|
(3) identifies the appropriate type of time-limited
|
| water quality standard, based on factors, such as the nature of the pollutant, the condition of the affected water body, and the number and type of dischargers; and
|
|
(4) recommends, for the purposes of subsection (h),
|
| prompt deadlines for the classes of dischargers to file a substantially compliant petition.
|
|
(f) Within 30 days after receipt of a response from the Agency under subsection (e) of this Section, the Board shall enter a final order that establishes the discharger or classes of dischargers that may be covered by the time-limited water quality standard and prompt deadlines by which the discharger and dischargers in the identified classes must, for the purposes of subsection (h), file with the Board either:
(1) a petition for a time-limited water quality
|
| standard, if the petition has not been previously filed; or
|
|
(2) an amended petition for a time-limited water
|
| quality standard, if the petition has been previously filed and it is necessary to file an amended petition to maintain a stay under paragraph (3) of subsection (h) of this Section.
|
|
(g) As soon as practicable after entering an order under subsection (f), the Board shall conduct an evaluation of the petition to assess its substantial compliance with 40 CFR 131.14, this Section, and rules adopted pursuant to this Section. After the Board determines that a petition is in substantial compliance with those requirements, the Agency shall file a recommendation concerning the petition.
(h)(1) The effectiveness of a water quality standard from which relief is sought shall be stayed as to the following persons from the effective date of the water quality standard until the stay is terminated as provided in this subsection:
(A) any person who has a petition for a variance
|
| seeking relief from a water quality standard under Section 35 of this Act converted into a petition for a time-limited water quality standard under subsection (c) of this Section;
|
|
(B) any person who files a petition for a
|
| time-limited water quality standard within 35 days after the effective date of the water quality standard from which relief is sought; and
|
|
(C) any person, not covered by subparagraph (B)
|
| of this subsection, who is a member of a class of dischargers that is identified in a Board order under subsection (f) that concerns a petition for a time-limited water quality standard that was filed within 35 days after the effective date of the water quality standard from which relief is sought and who files a petition for a time-limited water quality standard before the deadline established for that class under subsection (f) of this Section.
|
|
(2) If the Board determines that the petition of a
|
| person described in paragraph (1) of this subsection is in substantial compliance, then the stay shall continue until the Board:
|
|
(A) denies the petition and all rights to
|
| judicial review of the Board order denying the petition are exhausted; or
|
|
(B) adopts the time-limited water quality
|
| standard and the United States Environmental Protection Agency either:
|
|
(i) approves the time-limited water quality
|
|
(ii) disapproves the time-limited water
|
| quality standard for failure to comply with 40 CFR 131.14.
|
|
(3) If the Board determines that the petition of a
|
| person described in paragraph (1) of this subsection is not in substantial compliance, then the Board shall enter an interim order that identifies the deficiencies in the petition that must be corrected for the petition to be in substantial compliance. The petitioner must file an amended petition by the deadlines adopted by the Board pursuant to subsection (f), and the Board shall enter, after the applicable Board-established deadline, a final order that determines whether the amended petition is in substantial compliance.
|
|
(4) If the Board determines that the amended petition
|
| described in paragraph (3) of this subsection is in substantial compliance, then the stay shall continue until the Board:
|
|
(A) denies the petition and all rights to
|
| judicial review of the Board order denying the petition are exhausted; or
|
|
(B) adopts the time-limited water quality
|
| standard and the United States Environmental Protection Agency either:
|
|
(i) approves the time-limited water quality
|
|
(ii) disapproves the time-limited water
|
| quality standard for failure to comply with 40 CFR 131.14.
|
|
(5) If the Board determines that the amended petition
|
| described in paragraph (3) of this subsection is not in substantial compliance by the Board-established deadline, the Board shall deny the petition and the stay shall continue until all rights to judicial review are exhausted.
|
|
(6) If the Board determines that a petition for a
|
| time-limited water quality standard is not in substantial compliance and if the person fails to file, on or before the Board-established deadline, an amended petition, the Board shall dismiss the petition and the stay shall continue until all rights to judicial review are exhausted.
|
|
(7) If a person other than a person described in
|
| paragraph (1) of subsection (h) of this Section files a petition for a time-limited water quality standard, then the effectiveness of the water quality standard from which relief is sought shall not be stayed as to that person. However, the person may seek a time-limited water quality standard from the Board by complying with 40 CFR 131.14, this Section, and rules adopted pursuant to this Section.
|
|
(i) Each time-limited water quality standard adopted by the Board for more than one discharger shall set forth criteria that may be used by dischargers or classes of dischargers to obtain coverage under the time-limited water quality standard during its duration. Any discharger that has not obtained a time-limited water quality standard may obtain coverage under a Board-approved time-limited water quality standard by satisfying, at the time of the renewal or modification of that person's federal National Pollutant Discharge Elimination System (NPDES) permit or at the time the person files an application for certification under Section 401 of the federal Clean Water Act, the Board-approved criteria for coverage under the time-limited water quality standard.
(j) Any person who is adversely affected or threatened by a final Board order entered pursuant to this Section may obtain judicial review of the Board order by filing a petition for review within 35 days after the date the Board order was served on the person affected by the order, under the provisions of the Administrative Review Law, and the rules adopted pursuant thereto, except that review shall be afforded directly in the appellate court for the district in which the cause of action arose and not in the circuit court. For purposes of judicial review under this subsection, a person is deemed to have been served with the Board's final order on the date on which the order is first published by the Board on its website.
No challenge to the validity of a final Board order under this Section shall be made in any enforcement proceeding under Title XII of this Act as to any issue that could have been raised in a timely petition for review under this subsection.
(k) Not later than 6 months after the effective date of this amendatory Act of the 99th General Assembly, the Agency shall propose, and not later than 9 months thereafter the Board shall adopt, rules that prescribe specific procedures and standards to be used by the Board when adopting time-limited water quality standards. The public notice and participation requirements in 40 CFR 25 and 40 CFR 131.20(b) shall be incorporated into the rules adopted under this subsection.
Until the rules adopted under this subsection are effective, the Board may adopt time-limited water quality standards to the full extent allowed under this Section and 40 C.F.R. 131.14.
(l) Section 5-35 of the Illinois Administrative Procedure Act, Title VII of this Act, and the other Sections in Title IX of this Act do not apply to Board proceedings under this Section.
(Source: P.A. 99-937, eff. 2-24-17.)
|
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of facility,
equipment, vehicle, vessel, or aircraft, the applicant shall apply to
the Agency for such permit and it shall be the duty of the Agency to
issue such a permit upon proof by the applicant that the facility,
equipment, vehicle, vessel, or aircraft will not cause a violation of
this Act or of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this Section.
In making its determinations on permit applications under this Section the Agency may consider prior adjudications of
noncompliance with this Act by the applicant that involved a release of a
contaminant into the environment. In granting permits, the Agency
may impose reasonable conditions specifically related to the applicant's past
compliance history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other conditions
as may be necessary to accomplish the purposes of this Act, and as are not
inconsistent with the regulations promulgated by the Board hereunder. Except as
otherwise provided in this Act, a bond or other security shall not be required
as a condition for the issuance of a permit. If the Agency denies any permit
under this Section, the Agency shall transmit to the applicant within the time
limitations of this Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include, but not be
limited to, the following:
(i) the Sections of this Act which may be violated if |
|
(ii) the provision of the regulations, promulgated
|
| under this Act, which may be violated if the permit were granted;
|
|
(iii) the specific type of information, if any, which
|
| the Agency deems the applicant did not provide the Agency; and
|
|
(iv) a statement of specific reasons why the Act and
|
| the regulations might not be met if the permit were granted.
|
|
If there is no final action by the Agency within 90 days after the
filing of the application for permit, the applicant may deem the permit
issued; except that this time period shall be extended to 180 days when
(1) notice and opportunity for public hearing are required by State or
federal law or regulation, (2) the application which was filed is for
any permit to develop a landfill subject to issuance pursuant to this
subsection, or (3) the application that was filed is for a MSWLF unit
required to issue public notice under subsection (p) of Section 39. The
90-day and 180-day time periods for the Agency to take final action do not
apply to NPDES permit applications under subsection (b) of this Section,
to RCRA permit applications under subsection (d) of this Section,
to UIC permit applications under subsection (e) of this Section, or to CCR surface impoundment applications under subsection (y) of this Section.
The Agency shall publish notice of all final permit determinations for
development permits for MSWLF units and for significant permit modifications
for lateral expansions for existing MSWLF units one time in a newspaper of
general circulation in the county in which the unit is or is proposed to be
located.
After January 1, 1994 and until July 1, 1998, operating permits issued under
this Section by the
Agency for sources of air pollution permitted to emit less than 25 tons
per year of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only upon written
request by the Agency consistent with applicable provisions of this Act and
regulations promulgated hereunder. Such operating permits shall expire
180 days after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this Section by the
Agency for sources of air pollution that are not subject to Section 39.5 of
this Act and are not required to have a federally enforceable State operating
permit shall be required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its rules. Such
operating permits shall expire 180 days after the date of such a request.
Before July 1, 1998, the Board shall revise its rules for the existing State
air pollution operating permit program consistent with this paragraph and shall
adopt rules that require a source to demonstrate that it qualifies for a permit
under this paragraph.
(b) The Agency may issue NPDES permits exclusively under this
subsection for the discharge of contaminants from point sources into
navigable waters, all as defined in the Federal Water Pollution Control
Act, as now or hereafter amended, within the jurisdiction of the
State, or into any well.
All NPDES permits shall contain those terms and conditions, including,
but not limited to, schedules of compliance, which may be required to
accomplish the purposes and provisions of this Act.
The Agency may issue general NPDES permits for discharges from categories
of point sources which are subject to the same permit limitations and
conditions. Such general permits may be issued without individual
applications and shall conform to regulations promulgated under Section 402
of the Federal Water Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent limitations
and other requirements established under this Act, Board regulations,
the Federal Water Pollution Control Act, as now or hereafter amended, and
regulations pursuant thereto, and schedules for achieving compliance
therewith at the earliest reasonable date.
The Agency shall adopt filing requirements and procedures which are
necessary and appropriate for the issuance of NPDES permits, and which
are consistent with the Act or regulations adopted by the Board, and
with the Federal Water Pollution Control Act, as now or hereafter
amended, and regulations pursuant thereto.
The Agency, subject to any conditions which may be prescribed by
Board regulations, may issue NPDES permits to allow discharges beyond
deadlines established by this Act or by regulations of the Board without
the requirement of a variance, subject to the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act, no
permit for the development or construction of a new pollution control
facility may be granted by the Agency unless the applicant submits proof to the
Agency that the location of the facility has been approved by the county board
of the county if in an unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the facility is to be
located in accordance with Section 39.2 of this Act. For purposes of this subsection (c), and for purposes of Section 39.2 of this Act, the appropriate county board or governing body of the municipality shall be the county board of the county or the governing body of the municipality in which the facility is to be located as of the date when the application for siting approval is filed.
In the event that siting approval granted pursuant to Section 39.2 has
been transferred to a subsequent owner or operator, that subsequent owner or
operator may apply to the Agency for, and the Agency may grant, a development
or construction permit for the facility for which local siting approval was
granted. Upon application to the Agency for a development or
construction permit by that subsequent owner or operator,
the permit applicant shall cause written notice of the permit application
to be served upon the appropriate county board or governing body of the
municipality that granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the subsequent owner or
operator's prior experience in waste management operations in the manner
conducted under subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control facility consists of a
hazardous or solid waste disposal facility for which the proposed site is
located in an unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that was, on April 1,
1993, adjacent to a municipality having a population of less than 5,000, then
the local siting review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by the governing body
of that adjacent municipality rather than the county board of the county in
which the proposed site is located; and for the purposes of that local siting
review, any references in this Act to the county board shall be deemed to mean
the governing body of that adjacent municipality; provided, however, that the
provisions of this paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an operating
permit has not been issued by the Agency prior to August 31, 1989 for
any portion of the facility, then the Agency may not issue or renew any
development permit nor issue an original operating permit for any portion of
such facility unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate county board or
municipal governing body pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste
disposal facility, any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more consecutive calendar
years, before that facility may accept any new or additional waste for
disposal, the owner and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have applied to the Agency
for a permit authorizing the temporary suspension of waste acceptance. The
Agency may not issue a new operation permit under this Act for the facility
unless the applicant has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate county board or
municipal governing body under Section 39.2 of this Act after the facility
ceased accepting waste.
Except for those facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act, and
except for new pollution control facilities governed by Section 39.2,
and except for fossil fuel mining facilities, the granting of a permit under
this Act shall not relieve the applicant from meeting and securing all
necessary zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment plant or sludge
drying site to be owned or operated by a sanitary district organized under
the Metropolitan Water Reclamation District Act for which a new
permit (rather than the renewal or amendment of an existing permit) is
required, such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be located, or within the
nearest community if the proposed facility is to be located within an
unincorporated area, at which information concerning the proposed facility
shall be made available to the public, and members of the public shall be given
the opportunity to express their views concerning the proposed facility.
The Agency may issue a permit for a municipal waste transfer station
without requiring approval pursuant to Section 39.2 provided that the following
demonstration is made:
(1) the municipal waste transfer station was in
|
| existence on or before January 1, 1979 and was in continuous operation from January 1, 1979 to January 1, 1993;
|
|
(2) the operator submitted a permit application to
|
| the Agency to develop and operate the municipal waste transfer station during April of 1994;
|
|
(3) the operator can demonstrate that the county
|
| board of the county, if the municipal waste transfer station is in an unincorporated area, or the governing body of the municipality, if the station is in an incorporated area, does not object to resumption of the operation of the station; and
|
|
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under this
subsection to persons owning or operating a facility for the treatment,
storage, or disposal of hazardous waste as defined under this Act. Subsection (y) of this Section, rather than this subsection (d), shall apply to permits issued for CCR surface impoundments.
All RCRA permits shall contain those terms and conditions, including, but
not limited to, schedules of compliance, which may be required to accomplish
the purposes and provisions of this Act. The Agency may include among such
conditions standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act of 1976 (P.L.
94-580), as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other security be provided
as a condition for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB incinerator
as defined in subsection (k) of Section 44, the Agency shall require, as a
condition of the permit, that the operator of the facility perform such
analyses of the waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures which
are necessary and appropriate for the issuance of RCRA permits, and which
are consistent with the Act or regulations adopted by the Board, and with
the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for inspection all
documents submitted by the applicant to the Agency in furtherance
of an application, with the exception of trade secrets, at the office of
the county board or governing body of the municipality. Such documents
may be copied upon payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a written statement
concurrent with its grant or denial of the permit explaining the basis for its
decision.
(e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the underground
injection of contaminants as defined under this Act.
All UIC permits shall contain those terms and conditions, including, but
not limited to, schedules of compliance, which may be required to accomplish
the purposes and provisions of this Act. The Agency may include among such
conditions standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523), as amended,
and regulations pursuant thereto, and may include schedules for achieving
compliance therewith. The Agency shall require that a performance bond or
other security be provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures which
are necessary and appropriate for the issuance of UIC permits, and which
are consistent with the Act or regulations adopted by the Board, and with
the Safe Drinking Water Act (P.L. 93-523), as amended, and regulations
pursuant thereto.
The applicant shall make available to the public for inspection all
documents submitted by the applicant to the Agency in furtherance of an
application, with the exception of trade secrets, at the office of the county
board or governing body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular business hours of the
local office. The Agency shall issue a written statement concurrent with its
grant or denial of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of this Act:
(1) The Agency shall have authority to make the
|
| determination of any question required to be determined by the Clean Air Act, as now or hereafter amended, this Act, or the regulations of the Board, including the determination of the Lowest Achievable Emission Rate, Maximum Achievable Control Technology, or Best Available Control Technology, consistent with the Board's regulations, if any.
|
|
(2) The Agency shall adopt requirements as necessary
|
| to implement public participation procedures, including, but not limited to, public notice, comment, and an opportunity for hearing, which must accompany the processing of applications for PSD permits. The Agency shall briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any hearing. The Agency may group related comments together and provide one unified response for each issue raised.
|
|
(3) Any complete permit application submitted to the
|
| Agency under this subsection for a PSD permit shall be granted or denied by the Agency not later than one year after the filing of such completed application.
|
|
(4) The Agency shall, after conferring with the
|
| applicant, give written notice to the applicant of its proposed decision on the application, including the terms and conditions of the permit to be issued and the facts, conduct, or other basis upon which the Agency will rely to support its proposed action.
|
|
(g) The Agency shall include as conditions upon all permits issued for
hazardous waste disposal sites such restrictions upon the future use
of such sites as are reasonably necessary to protect public health and
the environment, including permanent prohibition of the use of such
sites for purposes which may create an unreasonable risk of injury to human
health or to the environment. After administrative and judicial challenges
to such restrictions have been exhausted, the Agency shall file such
restrictions of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a permitted hazardous
waste site unless specific authorization is obtained from the Agency by the
generator and disposal site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator has reasonably
demonstrated that, considering
technological feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or chemically,
physically, or biologically treated so as to neutralize the hazardous waste
and render it nonhazardous. In granting authorization under this Section,
the Agency may impose such conditions as may be necessary to accomplish
the purposes of the Act and are consistent with this Act and regulations
promulgated by the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as if the Agency
refused to grant a permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or partially recycled
for reuse prior to disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior to disposal is the
generator; or (2) the hazardous waste is from a response action, in which case
the person performing the response action is the generator. This subsection
(h) does not apply to any hazardous waste that is restricted from land disposal
under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste storage site,
sanitary landfill, waste disposal site, waste transfer station, waste treatment
facility, waste incinerator, or any waste-transportation operation, any permit or interim authorization for a clean construction or demolition debris fill operation, or any permit required under subsection (d-5) of Section 55, the Agency
shall conduct an evaluation of the prospective owner's or operator's prior
experience in waste management operations, clean construction or demolition debris fill operations, and tire storage site management. The Agency may deny such a permit, or deny or revoke interim authorization,
if the prospective owner or operator or any employee or officer of the
prospective owner or operator has a history of:
(1) repeated violations of federal, State, or local
|
| laws, regulations, standards, or ordinances in the operation of waste management facilities or sites, clean construction or demolition debris fill operation facilities or sites, or tire storage sites; or
|
|
(2) conviction in this or another State of any crime
|
| which is a felony under the laws of this State, or conviction of a felony in a federal court; or conviction in this or another state or federal court of any of the following crimes: forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, regulation, or permit term or condition; or
|
|
(3) proof of gross carelessness or incompetence in
|
| handling, storing, processing, transporting, or disposing of waste, clean construction or demolition debris, or used or waste tires, or proof of gross carelessness or incompetence in using clean construction or demolition debris as fill.
|
|
(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site. It shall be the responsibility of the owner or operator seeking the permit or interim authorization to provide to the Agency all of the information necessary for the Agency to conduct its evaluation. The Agency may deny a permit or interim authorization if previous activities at the site may have caused or allowed contamination at the site, unless such contamination is authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in the surface mining
of any resources other than fossil fuels shall not relieve
the permittee from its duty to comply with any applicable local law regulating
the commencement, location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of Section 39 for any
facility or site which is required to have a permit under subsection (d) of
Section 21 shall expire at the end of 2 calendar years from the date upon which
it was issued, unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of the
conditions of the development permit is sought pursuant to Section 40 or
41, or permittee is prevented from commencing development of the facility
or site by any other litigation beyond the permittee's control, such
two-year period shall be deemed to begin on the date upon which such review
process or litigation is concluded.
(l) No permit shall be issued by the Agency under this Act for
construction or operation of any facility or site located within the
boundaries of any setback zone established pursuant to this Act, where such
construction or operation is prohibited.
(m) The Agency may issue permits to persons owning or operating
a facility for composting landscape waste. In granting such permits, the Agency
may impose such conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond or other
security shall not be required as a condition for the issuance of a permit. If
the Agency denies any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this subsection
specific, detailed statements as to the reasons the permit application was
denied. Such statements shall include but not be limited to the following:
(1) the Sections of this Act that may be violated if
|
|
(2) the specific regulations promulgated pursuant to
|
| this Act that may be violated if the permit were granted;
|
|
(3) the specific information, if any, the Agency
|
| deems the applicant did not provide in its application to the Agency; and
|
|
(4) a statement of specific reasons why the Act and
|
| the regulations might be violated if the permit were granted.
|
|
If no final action is taken by the Agency within 90 days after the filing
of the application for permit, the applicant may deem the permit issued.
Any applicant for a permit may waive the 90-day limitation by filing a
written statement with the Agency.
The Agency shall issue permits for such facilities upon receipt of an
application that includes a legal description of the site, a topographic
map of the site drawn to the scale of 200 feet to the inch or larger, a
description of the operation, including the area served, an estimate of
the volume of materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
|
| feet from the nearest potable water supply well;
|
|
(2) the facility is located outside the boundary of
|
| the 10-year floodplain or the site will be floodproofed;
|
|
(3) the facility is located so as to minimize
|
| incompatibility with the character of the surrounding area, including at least a 200 foot setback from any residence, and in the case of a facility that is developed or the permitted composting area of which is expanded after November 17, 1991, the composting area is located at least 1/8 mile from the nearest residence (other than a residence located on the same property as the facility);
|
|
(4) the design of the facility will prevent any
|
| compost material from being placed within 5 feet of the water table, will adequately control runoff from the site, and will collect and manage any leachate that is generated on the site;
|
|
(5) the operation of the facility will include
|
| appropriate dust and odor control measures, limitations on operating hours, appropriate noise control measures for shredding, chipping and similar equipment, management procedures for composting, containment and disposal of non-compostable wastes, procedures to be used for terminating operations at the site, and recordkeeping sufficient to document the amount of materials received, composted, and otherwise disposed of; and
|
|
(6) the operation will be conducted in accordance
|
| with any applicable rules adopted by the Board.
|
|
The Agency shall issue renewable permits of not longer than 10 years
in duration for the composting of landscape wastes, as defined in Section
3.155 of this Act, based on the above requirements.
The operator of any facility permitted under this subsection (m) must
submit a written annual statement to the Agency on or before April 1 of
each year that includes an estimate of the amount of material, in tons,
received for composting.
(n) The Agency shall issue permits jointly with the Department of
Transportation for the dredging or deposit of material in Lake Michigan in
accordance with Section 18 of the Rivers, Lakes, and Streams Act.
(o) (Blank).
(p) (1) Any person submitting an application for a permit for a new MSWLF
unit or for a lateral expansion under subsection (t) of Section 21 of this Act
for an existing MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish notice of the
application in a newspaper of general circulation in the county in which the
MSWLF unit is or is proposed to be located. The notice must be published at
least 15 days before submission of the permit application to the Agency. The
notice shall state the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the MSWLF unit or
proposed MSWLF unit, the nature of the activity proposed, the probable life of
the proposed activity, the date the permit application will be submitted, and a
statement that persons may file written comments with the Agency concerning the
permit application within 30 days after the filing of the permit application
unless the time period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency to supplement a
permit application being reviewed by the Agency, the applicant shall not be
required to reissue the notice under this subsection.
(2) The Agency shall accept written comments concerning the permit
application that are postmarked no later than 30 days after the
filing of the permit application, unless the time period to accept comments is
extended by the Agency.
(3) Each applicant for a permit described in part (1) of this subsection
shall file a
copy of the permit application with the county board or governing body of the
municipality in which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The permit application
filed with the county board or governing body of the municipality shall include
all documents submitted to or to be submitted to the Agency, except trade
secrets as determined under Section 7.1 of this Act. The permit application
and other documents on file with the county board or governing body of the
municipality shall be made available for public inspection during regular
business hours 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.
(q) Within 6 months after July 12, 2011 (the effective date of Public Act 97-95), the Agency, in consultation with the regulated community, shall develop a web portal to be posted on its website for the purpose of enhancing review and promoting timely issuance of permits required by this Act. At a minimum, the Agency shall make the following information available on the web portal:
(1) Checklists and guidance relating to the
|
| completion of permit applications, developed pursuant to subsection (s) of this Section, which may include, but are not limited to, existing instructions for completing the applications and examples of complete applications. As the Agency develops new checklists and develops guidance, it shall supplement the web portal with those materials.
|
|
(2) Within 2 years after July 12, 2011 (the
|
| effective date of Public Act 97-95), permit application forms or portions of permit applications that can be completed and saved electronically, and submitted to the Agency electronically with digital signatures.
|
|
(3) Within 2 years after July 12, 2011 (the
|
| effective date of Public Act 97-95), an online tracking system where an applicant may review the status of its pending application, including the name and contact information of the permit analyst assigned to the application. Until the online tracking system has been developed, the Agency shall post on its website semi-annual permitting efficiency tracking reports that include statistics on the timeframes for Agency action on the following types of permits received after July 12, 2011 (the effective date of Public Act 97-95): air construction permits, new NPDES permits and associated water construction permits, and modifications of major NPDES permits and associated water construction permits. The reports must be posted by February 1 and August 1 each year and shall include:
|
|
(A) the number of applications received for each
|
| type of permit, the number of applications on which the Agency has taken action, and the number of applications still pending; and
|
|
(B) for those applications where the Agency has
|
| not taken action in accordance with the timeframes set forth in this Act, the date the application was received and the reasons for any delays, which may include, but shall not be limited to, (i) the application being inadequate or incomplete, (ii) scientific or technical disagreements with the applicant, USEPA, or other local, state, or federal agencies involved in the permitting approval process, (iii) public opposition to the permit, or (iv) Agency staffing shortages. To the extent practicable, the tracking report shall provide approximate dates when cause for delay was identified by the Agency, when the Agency informed the applicant of the problem leading to the delay, and when the applicant remedied the reason for the delay.
|
|
(r) Upon the request of the applicant, the Agency shall notify the applicant of the permit analyst assigned to the application upon its receipt.
(s) The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section and procedural rules implementing this Section. Guidance documents prepared under this subsection shall not be considered rules and shall not be subject to the Illinois Administrative Procedure Act. Such guidance shall not be binding on any party.
(t) Except as otherwise prohibited by federal law or regulation, any person submitting an application for a permit may include with the application suggested permit language for Agency consideration. The Agency is not obligated to use the suggested language or any portion thereof in its permitting decision. If requested by the permit applicant, the Agency shall meet with the applicant to discuss the suggested language.
(u) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the draft permit prior to any public review period.
(v) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the final permit prior to its issuance.
(w) An air pollution permit shall not be required due to emissions of greenhouse gases, as specified by Section 9.15 of this Act.
(x) If, before the expiration of a State operating permit that is issued pursuant to subsection (a) of this Section and contains federally enforceable conditions limiting the potential to emit of the source to a level below the major source threshold for that source so as to exclude the source from the Clean Air Act Permit Program, the Agency receives a complete application for the renewal of that permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this subsection to persons owning or operating a CCR surface impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the Department of Agriculture in accordance with the Animal Mortality Act:
(1) the owner or operator responsible for the
|
| disposal of dead animals is exempted from the following:
|
|
(i) obtaining a permit for the construction,
|
| installation, or operation of any type of facility or equipment issued in accordance with subsection (a) of this Section;
|
|
(ii) obtaining a permit for open burning in
|
| accordance with the rules adopted by the Board; and
|
|
(iii) registering the disposal of dead animals as
|
| an eligible small source with the Agency in accordance with Section 9.14 of this Act;
|
|
(2) as applicable, the owner or operator responsible
|
| for the disposal of dead animals is required to obtain the following permits:
|
|
(i) an NPDES permit in accordance with subsection
|
|
(ii) a PSD permit or an NA NSR permit in
|
| accordance with Section 9.1 of this Act;
|
|
(iii) a lifetime State operating permit or a
|
| federally enforceable State operating permit, in accordance with subsection (a) of this Section; or
|
|
(iv) a CAAPP permit, in accordance with Section
|
|
All CCR surface impoundment permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act, Board regulations, the Illinois Groundwater Protection Act and regulations pursuant thereto, and the Resource Conservation and Recovery Act and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures that are necessary and appropriate for the issuance of CCR surface impoundment permits and that are consistent with this Act or regulations adopted by the Board, and with the RCRA, as amended, and regulations pursuant thereto.
The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, on its public internet website as well as at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.
The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body of the
municipality, as determined by paragraph (c) of Section 39 of this Act, shall
approve or disapprove the request for local siting approval for each pollution
control facility which is subject to such review. An applicant for local
siting approval shall submit sufficient details describing the proposed
facility and evidence to demonstrate compliance, and local siting approval shall be granted
only if the proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the |
| waste needs of the area it is intended to serve;
|
|
(ii) the facility is so designed, located and
|
| proposed to be operated that the public health, safety and welfare will be protected;
|
|
(iii) the facility is located so as to minimize
|
| incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
|
|
(iv) (A) for a facility other than a sanitary
|
| landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain or the site is flood-proofed; (B) for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a, the site is flood-proofed;
|
|
(v) the plan of operations for the facility is
|
| designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
|
|
(vi) the traffic patterns to or from the facility are
|
| so designed as to minimize the impact on existing traffic flows;
|
|
(vii) if the facility will be treating, storing or
|
| disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release;
|
|
(viii) if the facility is to be located in a county
|
| where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; for purposes of this criterion (viii), the "solid waste management plan" means the plan that is in effect as of the date the application for siting approval is filed; and
|
|
(ix) if the facility will be located within a
|
| regulated recharge area, any applicable requirements specified by the Board for such areas have been met.
|
|
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
expire.
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.
(i) (Blank.)
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
pursuant thereto.
(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.)
|