[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3364
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
Amends the Environmental Protection Act. Requires a copy
of a request for local siting approval for a pollution
control facility to be filed with the Environmental
Protection Agency. Before a final local siting decision,
requires the Agency to evaluate the request and make the
evaluation available to the county board or the governing
body of the municipality or to pay for technical support for
the county board or governing body so that the county board
or governing body is able to evaluate the request.
LRB9009823NTsb
LRB9009823NTsb
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 39.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Section 39.2 as follows:
7 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
8 Sec. 39.2. Local siting review approval.
9 (a) The county board of the county or the governing body
10 of the municipality, as determined by paragraph (c) of
11 Section 39 of this Act, shall approve or disapprove the
12 request for local siting approval for each pollution control
13 facility which is subject to such review. An applicant for
14 local siting approval shall submit sufficient details
15 describing the proposed facility to demonstrate compliance,
16 and local siting approval shall be granted only if the
17 proposed facility meets the following criteria:
18 (i) the facility is necessary to accommodate the
19 waste needs of the area it is intended to serve;
20 (ii) the facility is so designed, located and
21 proposed to be operated that the public health, safety
22 and welfare will be protected;
23 (iii) the facility is located so as to minimize
24 incompatibility with the character of the surrounding
25 area and to minimize the effect on the value of the
26 surrounding property;
27 (iv) (A) for a facility other than a sanitary
28 landfill or waste disposal site, the facility is located
29 outside the boundary of the 100 year flood plain or the
30 site is flood-proofed; (B) for a facility that is a
31 sanitary landfill or waste disposal site, the facility is
-2- LRB9009823NTsb
1 located outside the boundary of the 100-year floodplain,
2 or if the facility is a facility described in subsection
3 (b) of Section 22.19a, the site is flood-proofed;
4 (v) the plan of operations for the facility is
5 designed to minimize the danger to the surrounding area
6 from fire, spills, or other operational accidents;
7 (vi) the traffic patterns to or from the facility
8 are so designed as to minimize the impact on existing
9 traffic flows;
10 (vii) if the facility will be treating, storing or
11 disposing of hazardous waste, an emergency response plan
12 exists for the facility which includes notification,
13 containment and evacuation procedures to be used in case
14 of an accidental release;
15 (viii) if the facility is to be located in a county
16 where the county board has adopted a solid waste
17 management plan consistent with the planning requirements
18 of the Local Solid Waste Disposal Act or the Solid Waste
19 Planning and Recycling Act, the facility is consistent
20 with that plan; and
21 (ix) if the facility will be located within a
22 regulated recharge area, any applicable requirements
23 specified by the Board for such areas have been met.
24 The county board or the governing body of the
25 municipality may also consider as evidence the previous
26 operating experience and past record of convictions or
27 admissions of violations of the applicant (and any subsidiary
28 or parent corporation) in the field of solid waste management
29 when considering criteria (ii) and (v) under this Section.
30 (b) No later than 14 days prior to a request for
31 location approval the applicant shall cause written notice of
32 such request to be served either in person or by registered
33 mail, return receipt requested, on the owners of all property
34 within the subject area not solely owned by the applicant,
-3- LRB9009823NTsb
1 and on the owners of all property within 250 feet in each
2 direction of the lot line of the subject property, said
3 owners being such persons or entities which appear from the
4 authentic tax records of the County in which such facility is
5 to be located; provided, that the number of all feet occupied
6 by all public roads, streets, alleys and other public ways
7 shall be excluded in computing the 250 feet requirement;
8 provided further, that in no event shall this requirement
9 exceed 400 feet, including public streets, alleys and other
10 public ways.
11 Such written notice shall also be served upon members of
12 the General Assembly from the legislative district in which
13 the proposed facility is located and shall be published in a
14 newspaper of general circulation published in the county in
15 which the site is located.
16 Such notice shall state the name and address of the
17 applicant, the location of the proposed site, the nature and
18 size of the development, the nature of the activity proposed,
19 the probable life of the proposed activity, the date when the
20 request for site approval will be submitted, and a
21 description of the right of persons to comment on such
22 request as hereafter provided.
23 (c) An applicant shall file a copy of its request with
24 the county board of the county or the governing body of the
25 municipality in which the proposed site is located, as well
26 as the Agency. The request shall include (i) the substance
27 of the applicant's proposal and (ii) all documents, if any,
28 submitted as of that date to the Agency pertaining to the
29 proposed facility, except trade secrets as determined under
30 Section 7.1 of this Act. All such documents or other
31 materials on file with the county board or governing body of
32 the municipality shall be made available for public
33 inspection at the office of the county board or the governing
34 body of the municipality and may be copied upon payment of
-4- LRB9009823NTsb
1 the actual cost of reproduction.
2 Before the county board or the governing body of the
3 municipality makes a final local siting decision, the Agency
4 (i) shall evaluate the applicant's request and make this
5 evaluation available to the county board or the governing
6 body of the municipality or (ii) shall pay for technical
7 support for the county board or the governing body of the
8 municipality so that the county board or the governing body
9 of the municipality is able to evaluate the applicant's
10 request.
11 Any person may file written comment with the county board
12 or governing body of the municipality concerning the
13 appropriateness of the proposed site for its intended
14 purpose. The county board or governing body of the
15 municipality shall consider any comment received or
16 postmarked not later than 30 days after the date of the last
17 public hearing.
18 (d) At least one public hearing is to be held by the
19 county board or governing body of the municipality no sooner
20 than 90 days but no later than 120 days from receipt of the
21 request for site approval. No later than 14 days prior to
22 such hearing notice shall be published in a newspaper of
23 general circulation published in the county of the proposed
24 site, and delivered by certified mail to all members of the
25 General Assembly from the district in which the proposed site
26 is located, to the governing authority of every municipality
27 contiguous to the proposed site or contiguous to the
28 municipality in which the proposed site is to be located, to
29 the county board of the county where the proposed site is to
30 be located, if the proposed site is located within the
31 boundaries of a municipality, and to the Agency. Members or
32 representatives of the governing authority of a municipality
33 contiguous to the proposed site or contiguous to the
34 municipality in which the proposed site is to be located
-5- LRB9009823NTsb
1 and, if the proposed site is located in a municipality,
2 members or representatives of the county board of a county in
3 which the proposed site is to be located may appear at and
4 participate in public hearings held pursuant to this Section.
5 The public hearing shall develop a record sufficient to form
6 the basis of appeal of the decision in accordance with
7 Section 40.1 of this Act. The fact that a member of the
8 county board or governing body of the municipality has
9 publicly expressed an opinion on an issue related to a site
10 review proceeding shall not preclude the member from taking
11 part in the proceeding and voting on the issue.
12 (e) Decisions of the county board or governing body of
13 the municipality are to be in writing, specifying the reasons
14 for the decision, such reasons to be in conformance with
15 subsection (a) of this Section. In granting approval for a
16 site the county board or governing body of the municipality
17 may impose such conditions as may be reasonable and necessary
18 to accomplish the purposes of this Section and as are not
19 inconsistent with regulations promulgated by the Board. Such
20 decision shall be available for public inspection at the
21 office of the county board or governing body of the
22 municipality and may be copied upon payment of the actual
23 cost of reproduction. If there is no final action by the
24 county board or governing body of the municipality within 180
25 days after the filing of the request for site approval the
26 applicant may deem the request approved.
27 At any time prior to completion by the applicant of the
28 presentation of the applicant's factual evidence and an
29 opportunity for cross-questioning by the county board or
30 governing body of the municipality and any participants, the
31 applicant may file not more than one amended application upon
32 payment of additional fees pursuant to subsection (k); in
33 which case the time limitation for final action set forth in
34 this subsection (e) shall be extended for an additional
-6- LRB9009823NTsb
1 period of 90 days.
2 If, prior to making a final local siting decision, a
3 county board or governing body of a municipality has
4 negotiated and entered into a host agreement with the local
5 siting applicant, the terms and conditions of the host
6 agreement, whether written or oral, shall be disclosed and
7 made a part of the hearing record for that local siting
8 proceeding. In the case of an oral agreement, the disclosure
9 shall be made in the form of a written summary jointly
10 prepared and submitted by the county board or governing body
11 of the municipality and the siting applicant and shall
12 describe the terms and conditions of the oral agreement.
13 (e-5) Siting approval obtained pursuant to this Section
14 is transferable and may be transferred to a subsequent owner
15 or operator. In the event that siting approval has been
16 transferred to a subsequent owner or operator, that
17 subsequent owner or operator assumes and takes subject to any
18 and all conditions imposed upon the prior owner or operator
19 by the county board of the county or governing body of the
20 municipality pursuant to subsection (e). However, any such
21 conditions imposed pursuant to this Section may be modified
22 by agreement between the subsequent owner or operator and the
23 appropriate county board or governing body. Further, in the
24 event that siting approval obtained pursuant to this Section
25 has been transferred to a subsequent owner or operator, that
26 subsequent owner or operator assumes all rights and
27 obligations and takes the facility subject to any and all
28 terms and conditions of any existing host agreement between
29 the prior owner or operator and the appropriate county board
30 or governing body.
31 (f) A local siting approval granted under this Section
32 shall expire at the end of 2 calendar years from the date
33 upon which it was granted, unless the local siting approval
34 granted under this Section is for a sanitary landfill
-7- LRB9009823NTsb
1 operation, in which case the approval shall expire at the end
2 of 3 calendar years from the date upon which it was granted,
3 and unless within that period the applicant has made
4 application to the Agency for a permit to develop the site.
5 In the event that the local siting decision has been
6 appealed, such expiration period shall be deemed to begin on
7 the date upon which the appeal process is concluded.
8 Except as otherwise provided in this subsection, upon the
9 expiration of a development permit under subsection (k) of
10 Section 39, any associated local siting approval granted for
11 the facility under this Section shall also expire.
12 If a first development permit for a municipal waste
13 incineration facility expires under subsection (k) of Section
14 39 after September 30, 1989 due to circumstances beyond the
15 control of the applicant, any associated local siting
16 approval granted for the facility under this Section may be
17 used to fulfill the local siting approval requirement upon
18 application for a second development permit for the same
19 site, provided that the proposal in the new application is
20 materially the same, with respect to the criteria in
21 subsection (a) of this Section, as the proposal that received
22 the original siting approval, and application for the second
23 development permit is made before January 1, 1990.
24 (g) The siting approval procedures, criteria and appeal
25 procedures provided for in this Act for new pollution control
26 facilities shall be the exclusive siting procedures and rules
27 and appeal procedures for facilities subject to such
28 procedures. Local zoning or other local land use requirements
29 shall not be applicable to such siting decisions.
30 (h) Nothing in this Section shall apply to any existing
31 or new pollution control facility located within the
32 corporate limits of a municipality with a population of over
33 1,000,000.
34 (i) The Department shall make a study of technical
-8- LRB9009823NTsb
1 considerations relating to the siting of new pollution
2 control facilities. Such study shall include, but need not be
3 limited to, a determination of the geologic and hydrologic
4 conditions in the State most suitable for the siting of such
5 facilities, the establishment of a data base on such
6 conditions in Illinois, and recommendations for the
7 establishment of technical guidelines and criteria to be used
8 in making such siting decisions. The Department shall report
9 such study and recommendations to the General Assembly, the
10 Governor, the Board and the public no later than October 1,
11 1984.
12 The Board shall adopt regulations establishing the
13 geologic and hydrologic siting criteria necessary to protect
14 usable groundwater resources which are to be followed by the
15 Agency in its review of permit applications for new pollution
16 control facilities. Such regulations, insofar as they apply
17 to new pollution control facilities authorized to store,
18 treat or dispose of any hazardous waste, shall be at least as
19 stringent as the requirements of the Resource Conservation
20 and Recovery Act and any State or federal regulations adopted
21 pursuant thereto.
22 (j) Any new pollution control facility which has never
23 obtained local siting approval under the provisions of this
24 Section shall be required to obtain such approval after a
25 final decision on an appeal of a permit denial.
26 (k) A county board or governing body of a municipality
27 may charge applicants for siting review under this Section a
28 reasonable fee to cover the reasonable and necessary costs
29 incurred by such county or municipality in the siting review
30 process.
31 (l) The governing Authority as determined by subsection
32 (c) of Section 39 of this Act may request the Department of
33 Transportation to perform traffic impact studies of proposed
34 or potential locations for required pollution control
-9- LRB9009823NTsb
1 facilities.
2 (m) An applicant may not file a request for local siting
3 approval which is substantially the same as a request which
4 was disapproved pursuant to a finding against the applicant
5 under any of criteria (i) through (ix) of subsection (a) of
6 this Section within the preceding 2 years.
7 (n) In any review proceeding of a decision of the county
8 board or governing body of a municipality made pursuant to
9 the local siting review process, the petitioner in the review
10 proceeding shall pay to the county or municipality the cost
11 of preparing and certifying the record of proceedings.
12 Should the petitioner in the review proceeding fail to make
13 payment, the provisions of Section 3-109 of the Code of Civil
14 Procedure shall apply.
15 In the event the petitioner is a citizens' group that
16 participated in the siting proceeding and is so located as to
17 be affected by the proposed facility, such petitioner shall
18 be exempt from paying the costs of preparing and certifying
19 the record.
20 (o) Notwithstanding any other provision of this Section,
21 a transfer station used exclusively for landscape waste,
22 where landscape waste is held no longer than 24 hours from
23 the time it was received, is not subject to the requirements
24 of local siting approval under this Section, but is subject
25 only to local zoning approval.
26 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
27 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
28 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; revised
29 12-1-97.)