State of Illinois
92nd General Assembly
Legislation

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92_SB0356eng

 
SB0356 Engrossed                               LRB9207746ACcd

 1        AN ACT concerning environmental protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Section 39 as follows:

 6        (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
 7        Sec. 39. Issuance of permits; procedures.
 8        (a)  When  the  Board has by regulation required a permit
 9    for the construction, installation, or operation of any  type
10    of  facility,  equipment,  vehicle,  vessel, or aircraft, the
11    applicant shall apply to the Agency for such  permit  and  it
12    shall  be  the duty of the Agency to issue such a permit upon
13    proof by the applicant that the facility, equipment, vehicle,
14    vessel, or aircraft will not cause a violation of this Act or
15    of  regulations  hereunder.   The  Agency  shall  adopt  such
16    procedures as are necessary to carry  out  its  duties  under
17    this  Section. In granting permits the Agency may impose such
18    conditions as may be necessary to accomplish the purposes  of
19    this  Act,  and  as are not inconsistent with the regulations
20    promulgated by the Board  hereunder.    Except  as  otherwise
21    provided  in  this Act, a bond or other security shall not be
22    required as a condition for the issuance of a permit.  If the
23    Agency denies any permit under this Section, the Agency shall
24    transmit to the applicant within the time limitations of this
25    Section specific, detailed statements as to the  reasons  the
26    permit   application   was  denied.   Such  statements  shall
27    include, but not be limited to the following:
28             (i)  the Sections of this Act which may be  violated
29        if the permit were granted;
30             (ii)  the  provision of the regulations, promulgated
31        under this Act, which may be violated if the permit  were
 
SB356 Engrossed             -2-                LRB9207746ACcd
 1        granted;
 2             (iii)  the  specific  type  of  information, if any,
 3        which the Agency deems the applicant did not provide  the
 4        Agency; and
 5             (iv)  a  statement  of  specific reasons why the Act
 6        and the regulations might not be met if the  permit  were
 7        granted.
 8        If  there is no final action by the Agency within 90 days
 9    after the filing of the application for permit, the applicant
10    may deem the permit issued;  except  that  this  time  period
11    shall   be  extended  to  180  days  when  (1)    notice  and
12    opportunity for public  hearing  are  required  by  State  or
13    federal  law  or  regulation,  (2)  the application which was
14    filed is for any permit to  develop  a  landfill  subject  to
15    issuance  pursuant to this subsection, or (3) the application
16    that was filed is for a MSWLF unit required to  issue  public
17    notice under subsection (p) of Section 39.
18        The  Agency  shall  publish  notice  of  all final permit
19    determinations for development permits for  MSWLF  units  and
20    for  significant  permit modifications for lateral expansions
21    for existing MSWLF units one time in a newspaper  of  general
22    circulation in the county in which the unit is or is proposed
23    to be located.
24        After  January  1, 1994 and until July 1, 1998, operating
25    permits issued under this Section by the Agency  for  sources
26    of air pollution permitted to emit less than 25 tons per year
27    of any combination of regulated air pollutants, as defined in
28    Section  39.5  of  this  Act, shall be required to be renewed
29    only upon written  request  by  the  Agency  consistent  with
30    applicable provisions of this Act and regulations promulgated
31    hereunder.   Such  operating  permits  shall  expire 180 days
32    after the date of such a request.  The Board shall revise its
33    regulations for the existing State  air  pollution  operating
34    permit  program  consistent with this provision by January 1,
 
SB356 Engrossed             -3-                LRB9207746ACcd
 1    1994.
 2        After June 30, 1998, operating permits issued under  this
 3    Section  by  the Agency for sources of air pollution that are
 4    not subject to Section 39.5 of this Act and are not  required
 5    to  have a federally enforceable State operating permit shall
 6    be required to be renewed only upon written  request  by  the
 7    Agency  consistent with applicable provisions of this Act and
 8    its rules.  Such operating  permits  shall  expire  180  days
 9    after  the  date of such a request.  Before July 1, 1998, the
10    Board shall revise its  rules  for  the  existing  State  air
11    pollution  operating  permit  program  consistent  with  this
12    paragraph  and  shall  adopt  rules  that require a source to
13    demonstrate  that  it  qualifies  for  a  permit  under  this
14    paragraph.
15        (b)  The Agency may issue NPDES permits exclusively under
16    this subsection for the discharge of contaminants from  point
17    sources  into navigable waters, all as defined in the Federal
18    Water Pollution Control Act, as  now  or  hereafter  amended,
19    within the jurisdiction of the State, or into any well.
20        All   NPDES   permits   shall  contain  those  terms  and
21    conditions,  including  but  not  limited  to  schedules   of
22    compliance,  which may be required to accomplish the purposes
23    and provisions of this Act.
24        The Agency may issue general NPDES permits for discharges
25    from categories of point sources which  are  subject  to  the
26    same  permit limitations and conditions. Such general permits
27    may be  issued  without  individual  applications  and  shall
28    conform  to  regulations promulgated under Section 402 of the
29    Federal Water Pollution Control  Act,  as  now  or  hereafter
30    amended.
31        The  Agency  may include, among such conditions, effluent
32    limitations and other  requirements  established  under  this
33    Act,  Board  regulations, the Federal Water Pollution Control
34    Act, as now or hereafter amended,  and  regulations  pursuant
 
SB356 Engrossed             -4-                LRB9207746ACcd
 1    thereto,  and schedules for achieving compliance therewith at
 2    the earliest reasonable date.
 3        The Agency shall adopt filing requirements and procedures
 4    which are necessary and appropriate for the issuance of NPDES
 5    permits, and which are consistent with the Act or regulations
 6    adopted by the Board, and with the  Federal  Water  Pollution
 7    Control  Act,  as  now  or hereafter amended, and regulations
 8    pursuant thereto.
 9        The Agency,  subject  to  any  conditions  which  may  be
10    prescribed  by  Board regulations, may issue NPDES permits to
11    allow discharges beyond deadlines established by this Act  or
12    by  regulations  of  the  Board  without the requirement of a
13    variance, subject to the Federal Water Pollution Control Act,
14    as  now  or  hereafter  amended,  and  regulations   pursuant
15    thereto.
16        (c)  Except  for  those  facilities  owned or operated by
17    sanitary districts organized  under  the  Metropolitan  Water
18    Reclamation  District  Act,  no permit for the development or
19    construction of a  new  pollution  control  facility  may  be
20    granted  by  the Agency unless the applicant submits proof to
21    the Agency  that  the  location  of  the  facility  has  been
22    approved  by  the  County  Board  of  the  county  if  in  an
23    unincorporated   area,   or   the   governing   body  of  the
24    municipality when in  an  incorporated  area,  in  which  the
25    facility  is to be located in accordance with Section 39.2 of
26    this Act.
27        In the event that siting  approval  granted  pursuant  to
28    Section  39.2  has  been transferred to a subsequent owner or
29    operator, that subsequent owner or operator may apply to  the
30    Agency  for,  and  the  Agency  may  grant,  a development or
31    construction permit for the facility for which  local  siting
32    approval  was  granted.  Upon application to the Agency for a
33    development or construction permit by that  subsequent  owner
34    or  operator, the permit applicant shall cause written notice
 
SB356 Engrossed             -5-                LRB9207746ACcd
 1    of the permit application to be served upon  the  appropriate
 2    county  board  or  governing  body  of  the municipality that
 3    granted siting approval for that facility and upon any  party
 4    to  the  siting  proceeding pursuant to which siting approval
 5    was granted.  In that event,  the  Agency  shall  conduct  an
 6    evaluation  of  the  subsequent  owner  or  operator's  prior
 7    experience  in  waste  management  operations  in  the manner
 8    conducted under subsection (i) of Section 39 of this Act.
 9        Beginning August  20,  1993,  if  the  pollution  control
10    facility  consists  of  a  hazardous  or solid waste disposal
11    facility for  which  the  proposed  site  is  located  in  an
12    unincorporated  area  of  a  county with a population of less
13    than 100,000 and includes all or a portion  of  a  parcel  of
14    land  that  was, on April 1, 1993, adjacent to a municipality
15    having a population of less than 5,000, then the local siting
16    review required under this subsection (c) in conjunction with
17    any permit applied for after that date shall be performed  by
18    the  governing body of that adjacent municipality rather than
19    the county board of the county in which the proposed site  is
20    located;  and  for  the purposes of that local siting review,
21    any references in this Act  to  the  county  board  shall  be
22    deemed   to   mean   the  governing  body  of  that  adjacent
23    municipality; provided, however, that the provisions of  this
24    paragraph  shall not apply to any proposed site which was, on
25    April  1,  1993,  owned  in  whole  or  in  part  by  another
26    municipality.
27        In the case of a pollution control facility for  which  a
28    development permit was issued before November 12, 1981, if an
29    operating  permit  has not been issued by the Agency prior to
30    August 31, 1989 for any portion of  the  facility,  then  the
31    Agency  may  not  issue  or  renew any development permit nor
32    issue an original operating permit for any  portion  of  such
33    facility  unless  the  applicant  has  submitted proof to the
34    Agency that the location of the facility has been approved by
 
SB356 Engrossed             -6-                LRB9207746ACcd
 1    the appropriate county  board  or  municipal  governing  body
 2    pursuant to Section 39.2 of this Act.
 3        After   January  1,  1994,  if  a  solid  waste  disposal
 4    facility, any portion for which an operating permit has  been
 5    issued  by  the Agency, has not accepted waste disposal for 5
 6    or more consecutive calendars years, before that facility may
 7    accept any new or additional waste for  disposal,  the  owner
 8    and  operator  must  obtain a new operating permit under this
 9    Act for that facility unless  the  owner  and  operator  have
10    applied  to the Agency for a permit authorizing the temporary
11    suspension of waste acceptance.  The Agency may not  issue  a
12    new  operation  permit under this Act for the facility unless
13    the applicant has submitted proof  to  the  Agency  that  the
14    location  of the facility has been approved or re-approved by
15    the appropriate county  board  or  municipal  governing  body
16    under  Section  39.2  of  this  Act after the facility ceased
17    accepting waste.
18        Except for those facilities owned or operated by sanitary
19    districts organized under the Metropolitan Water  Reclamation
20    District Act, and except for new pollution control facilities
21    governed  by  Section 39.2, and except for fossil fuel mining
22    facilities, the granting of a permit under this Act shall not
23    relieve the applicant from meeting and securing all necessary
24    zoning approvals from the unit of  government  having  zoning
25    jurisdiction over the proposed facility.
26        Before beginning construction on any new sewage treatment
27    plant  or  sludge  drying  site  to be owned or operated by a
28    sanitary district  organized  under  the  Metropolitan  Water
29    Reclamation District Act  for which a new permit (rather than
30    the  renewal or amendment of an existing permit) is required,
31    such sanitary district shall hold a public hearing within the
32    municipality within which the  proposed  facility  is  to  be
33    located,  or  within  the  nearest  community if the proposed
34    facility is to be located within an unincorporated  area,  at
 
SB356 Engrossed             -7-                LRB9207746ACcd
 1    which  information  concerning the proposed facility shall be
 2    made available to the public, and members of the public shall
 3    be given the opportunity to express  their  views  concerning
 4    the proposed facility.
 5        The  Agency  may  issue  a  permit  for a municipal waste
 6    transfer  station  without  requiring  approval  pursuant  to
 7    Section 39.2 provided that  the  following  demonstration  is
 8    made:
 9             (1)  the  municipal  waste  transfer  station was in
10        existence on  or  before  January  1,  1979  and  was  in
11        continuous  operation  from January 1, 1979 to January 1,
12        1993;
13             (2)  the operator submitted a permit application  to
14        the  Agency  to  develop  and operate the municipal waste
15        transfer station during April of 1994;
16             (3)  the operator can demonstrate  that  the  county
17        board  of  the  county,  if  the municipal waste transfer
18        station is in an unincorporated area,  or  the  governing
19        body  of  the  municipality,  if  the  station  is  in an
20        incorporated area, does not object to resumption  of  the
21        operation of the station; and
22             (4)  the site has local zoning approval.
23        (d)  The  Agency may issue RCRA permits exclusively under
24    this subsection to persons owning or operating a facility for
25    the treatment, storage, or disposal  of  hazardous  waste  as
26    defined under this Act.
27        All   RCRA   permits   shall   contain  those  terms  and
28    conditions,  including  but  not  limited  to  schedules   of
29    compliance,  which may be required to accomplish the purposes
30    and provisions of this Act.  The  Agency  may  include  among
31    such  conditions standards and other requirements established
32    under this Act, Board regulations, the Resource  Conservation
33    and  Recovery  Act  of  1976  (P.L.  94-580), as amended, and
34    regulations pursuant thereto, and may include  schedules  for
 
SB356 Engrossed             -8-                LRB9207746ACcd
 1    achieving  compliance  therewith  as  soon  as possible.  The
 2    Agency  shall  require  that  a  performance  bond  or  other
 3    security be provided as a condition for  the  issuance  of  a
 4    RCRA permit.
 5        In  the  case of a permit to operate a hazardous waste or
 6    PCB incinerator as defined in subsection (k) of  Section  44,
 7    the  Agency shall require, as a condition of the permit, that
 8    the operator of the facility perform  such  analyses  of  the
 9    waste  to  be incinerated as may be necessary and appropriate
10    to ensure the safe operation of the incinerator.
11        The Agency shall adopt filing requirements and procedures
12    which are necessary and appropriate for the issuance of  RCRA
13    permits, and which are consistent with the Act or regulations
14    adopted  by the Board, and with the Resource Conservation and
15    Recovery  Act  of  1976  (P.L.  94-580),  as   amended,   and
16    regulations pursuant thereto.
17        The  applicant  shall  make  available  to the public for
18    inspection all documents submitted by the  applicant  to  the
19    Agency  in  furtherance of an application, with the exception
20    of trade secrets, at  the  office  of  the  county  board  or
21    governing  body  of  the municipality.  Such documents may be
22    copied upon payment of the actual cost of reproduction during
23    regular business hours of the local office.  The Agency shall
24    issue a written statement concurrent with its grant or denial
25    of the permit explaining the basis for its decision.
26        (e)  The Agency may issue UIC permits  exclusively  under
27    this subsection to persons owning or operating a facility for
28    the  underground  injection  of contaminants as defined under
29    this Act.
30        All UIC permits shall contain those terms and conditions,
31    including but not limited to schedules of  compliance,  which
32    may  be required to accomplish the purposes and provisions of
33    this Act.  The  Agency  may  include  among  such  conditions
34    standards  and other requirements established under this Act,
 
SB356 Engrossed             -9-                LRB9207746ACcd
 1    Board regulations, the Safe Drinking Water Act (P.L. 93-523),
 2    as amended, and regulations pursuant thereto, and may include
 3    schedules for  achieving  compliance  therewith.  The  Agency
 4    shall  require  that  a performance bond or other security be
 5    provided as a condition for the issuance of a UIC permit.
 6        The Agency shall adopt filing requirements and procedures
 7    which are necessary and appropriate for the issuance  of  UIC
 8    permits, and which are consistent with the Act or regulations
 9    adopted  by  the  Board, and with the Safe Drinking Water Act
10    (P.L. 93-523), as amended, and regulations pursuant thereto.
11        The applicant shall make  available  to  the  public  for
12    inspection,  all  documents submitted by the applicant to the
13    Agency in furtherance of an application, with  the  exception
14    of  trade  secrets,  at  the  office  of  the county board or
15    governing body of the municipality.  Such  documents  may  be
16    copied upon payment of the actual cost of reproduction during
17    regular business hours of the local office.  The Agency shall
18    issue a written statement concurrent with its grant or denial
19    of the permit explaining the basis for its decision.
20        (f)  In  making any determination pursuant to Section 9.1
21    of this Act:
22             (1)  The Agency shall have  authority  to  make  the
23        determination  of  any question required to be determined
24        by the Clean Air Act, as now or hereafter  amended,  this
25        Act,  or  the  regulations  of  the  Board, including the
26        determination of the  Lowest  Achievable  Emission  Rate,
27        Maximum  Achievable Control Technology, or Best Available
28        Control   Technology,   consistent   with   the   Board's
29        regulations, if any.
30             (2)  The Agency shall,  after  conferring  with  the
31        applicant,  give  written  notice to the applicant of its
32        proposed decision on the application including the  terms
33        and  conditions of the permit to be issued and the facts,
34        conduct or other basis upon which the Agency will rely to
 
SB356 Engrossed             -10-               LRB9207746ACcd
 1        support its proposed action.
 2             (3)  Following such notice, the  Agency  shall  give
 3        the  applicant an opportunity for a hearing in accordance
 4        with the provisions of Sections 10-25  through  10-60  of
 5        the Illinois Administrative Procedure Act.
 6        (g)  The  Agency  shall  include  as  conditions upon all
 7    permits  issued  for  hazardous  waste  disposal  sites  such
 8    restrictions upon  the  future  use  of  such  sites  as  are
 9    reasonably   necessary  to  protect  public  health  and  the
10    environment, including permanent prohibition of  the  use  of
11    such sites for purposes which may create an unreasonable risk
12    of  injury  to  human  health  or  to the environment.  After
13    administrative and judicial challenges to  such  restrictions
14    have  been exhausted, the Agency shall file such restrictions
15    of record in the Office of the  Recorder  of  the  county  in
16    which the hazardous waste disposal site is located.
17        (h)  A  hazardous  waste stream may not be deposited in a
18    permitted hazardous waste site unless specific  authorization
19    is  obtained  from  the  Agency by the generator and disposal
20    site owner and operator for  the  deposit  of  that  specific
21    hazardous  waste  stream.   The  Agency  may  grant  specific
22    authorization  for  disposal  of hazardous waste streams only
23    after  the  generator  has  reasonably   demonstrated   that,
24    considering    technological    feasibility    and   economic
25    reasonableness, the  hazardous  waste  cannot  be  reasonably
26    recycled for reuse, nor incinerated or chemically, physically
27    or  biologically  treated  so  as to neutralize the hazardous
28    waste and render it nonhazardous.  In granting  authorization
29    under  this Section, the Agency may impose such conditions as
30    may be necessary to accomplish the purposes of  the  Act  and
31    are  consistent  with this Act and regulations promulgated by
32    the  Board  hereunder.   If  the  Agency  refuses  to   grant
33    authorization under this Section, the applicant may appeal as
34    if  the  Agency  refused  to  grant a permit, pursuant to the
 
SB356 Engrossed             -11-               LRB9207746ACcd
 1    provisions of subsection (a) of Section 40 of this Act.   For
 2    purposes of this subsection (h), the term "generator" has the
 3    meaning  given  in  Section 3.12 of this Act, unless: (1) the
 4    hazardous  waste  is  treated,  incinerated,   or   partially
 5    recycled  for reuse prior to disposal, in which case the last
 6    person who treats, incinerates,  or  partially  recycles  the
 7    hazardous  waste  prior  to disposal is the generator; or (2)
 8    the hazardous waste is from a response action, in which  case
 9    the  person  performing the response action is the generator.
10    This subsection (h) does not apply  to  any  hazardous  waste
11    that is restricted from land disposal under 35 Ill. Adm. Code
12    728.
13        (i)  Before  issuing  any RCRA permit or any permit for a
14    waste storage site, sanitary landfill, waste  disposal  site,
15    waste  transfer  station,  waste  treatment  facility,  waste
16    incinerator,   or  any  waste-transportation  operation,  the
17    Agency shall conduct an evaluation of the prospective owner's
18    or  operator's   prior   experience   in   waste   management
19    operations.   The  Agency  may  deny  such  a  permit  if the
20    prospective owner or operator or any employee or  officer  of
21    the prospective owner or operator has a history of:
22             (1)  repeated violations of federal, State, or local
23        laws,   regulations,  standards,  or  ordinances  in  the
24        operation of waste management facilities or sites; or
25             (2)  conviction in this  or  another  State  of  any
26        crime  which is a felony under the laws of this State, or
27        conviction of a felony in a federal court; or
28             (3)  proof of gross carelessness or incompetence  in
29        handling,  storing, processing, transporting or disposing
30        of waste.
31        (j)  The issuance under this Act of a permit to engage in
32    the surface mining of any resources other than  fossil  fuels
33    shall  not relieve the permittee from its duty to comply with
34    any  applicable  local  law  regulating   the   commencement,
 
SB356 Engrossed             -12-               LRB9207746ACcd
 1    location or operation of surface mining facilities.
 2        (k)  A  development permit issued under subsection (a) of
 3    Section 39 for any facility or site which is required to have
 4    a permit under subsection (d) of Section 21 shall  expire  at
 5    the  end  of 2 calendar years from the date upon which it was
 6    issued, unless within that period  the  applicant  has  taken
 7    action to develop the facility or the site. In the event that
 8    review  of the conditions of the development permit is sought
 9    pursuant to Section 40 or 41, or permittee is prevented  from
10    commencing  development  of the facility or site by any other
11    litigation beyond  the  permittee's  control,  such  two-year
12    period  shall  be deemed to begin on the date upon which such
13    review  process or litigation is concluded.
14        (k-5)  A  development  or  construction   permit   issued
15    pursuant  to subsection (c) of this Section for a facility or
16    site that is required to have a permit under  subsection  (d)
17    of  Section  21  of  this  Act for a waste-disposal operation
18    shall expire at the end of 10 calendar years after  the  date
19    upon which it was issued if that facility (i) was exempt from
20    obtaining  local  siting approval pursuant to Section 39.2 of
21    this Act at the time the development or  construction  permit
22    for  that  facility was issued by the Agency and (ii) has not
23    lawfully received  waste  pursuant  to  an  operating  permit
24    issued by the Agency within that 10-year period.
25        (l)  No  permit  shall be issued by the Agency under this
26    Act for construction or operation of  any  facility  or  site
27    located within the boundaries of any setback zone established
28    pursuant to this Act, where such construction or operation is
29    prohibited.
30        (m)  The  Agency  may  issue permits to persons owning or
31    operating a  facility  for  composting  landscape  waste.  In
32    granting  such permits, the Agency may impose such conditions
33    as may be necessary to accomplish the purposes of  this  Act,
34    and  as  are  not  inconsistent  with  applicable regulations
 
SB356 Engrossed             -13-               LRB9207746ACcd
 1    promulgated by the Board.  Except as  otherwise  provided  in
 2    this Act, a bond or other security shall not be required as a
 3    condition for the issuance of a permit.  If the Agency denies
 4    any  permit  pursuant  to  this  subsection, the Agency shall
 5    transmit to the applicant within the time limitations of this
 6    subsection specific, detailed statements as  to  the  reasons
 7    the  permit  application  was  denied.  Such statements shall
 8    include but not be limited to the following:
 9             (1)  the Sections of this Act that may  be  violated
10        if the permit were granted;
11             (2)  the  specific  regulations promulgated pursuant
12        to this Act that may  be  violated  if  the  permit  were
13        granted;
14             (3)  the  specific  information,  if any, the Agency
15        deems the applicant did not provide in its application to
16        the Agency; and
17             (4)  a statement of specific reasons why the Act and
18        the regulations might be  violated  if  the  permit  were
19        granted.
20        If  no final action is taken by the Agency within 90 days
21    after the filing of the application for permit, the applicant
22    may deem the permit issued.  Any applicant for a  permit  may
23    waive  the  90  day  limitation by filing a written statement
24    with the Agency.
25        The Agency shall issue permits for such  facilities  upon
26    receipt  of  an application that includes a legal description
27    of the site, a topographic map of the site drawn to the scale
28    of 200 feet to the inch  or  larger,  a  description  of  the
29    operation,  including  the  area  served,  an estimate of the
30    volume of materials to be processed, and documentation that:
31             (1)  the facility includes a setback of at least 200
32        feet from the nearest potable water supply well;
33             (2)  the facility is located outside the boundary of
34        the 10-year floodplain or the site will be floodproofed;
 
SB356 Engrossed             -14-               LRB9207746ACcd
 1             (3)  the facility  is  located  so  as  to  minimize
 2        incompatibility  with  the  character  of the surrounding
 3        area, including at least a  200  foot  setback  from  any
 4        residence,  and  in  the  case  of  a  facility  that  is
 5        developed  or  the  permitted composting area of which is
 6        expanded after November 17, 1991, the composting area  is
 7        located  at  least  1/8  mile  from the nearest residence
 8        (other than a residence located on the same  property  as
 9        the facility);
10             (4)  the  design  of  the  facility will prevent any
11        compost material from being placed within 5 feet  of  the
12        water  table,  will  adequately  control  runoff from the
13        site, and will collect and manage any  leachate  that  is
14        generated on the site;
15             (5)  the  operation  of  the  facility  will include
16        appropriate dust and odor control  measures,  limitations
17        on  operating  hours,  appropriate noise control measures
18        for shredding, chipping and similar equipment, management
19        procedures for composting, containment  and  disposal  of
20        non-compostable   wastes,   procedures  to  be  used  for
21        terminating operations at  the  site,  and  recordkeeping
22        sufficient  to document the amount of materials received,
23        composted and otherwise disposed of; and
24             (6)  the operation will be conducted  in  accordance
25        with any applicable rules adopted by the Board.
26        The  Agency  shall  issue renewable permits of not longer
27    than 10 years in duration for  the  composting  of  landscape
28    wastes,  as defined in Section 3.70 of this Act, based on the
29    above requirements.
30        The  operator  of  any  facility  permitted  under   this
31    subsection  (m) must submit a written annual statement to the
32    Agency on or before April 1 of each  year  that  includes  an
33    estimate  of  the  amount  of material, in tons, received for
34    composting.
 
SB356 Engrossed             -15-               LRB9207746ACcd
 1        (n)  The Agency shall  issue  permits  jointly  with  the
 2    Department  of  Transportation for the dredging or deposit of
 3    material in Lake Michigan in accordance with  Section  18  of
 4    the Rivers, Lakes, and Streams Act.
 5        (o)  From  September  4, 1990 until December 31, 1993, no
 6    permit shall be issued by the Agency for the  development  or
 7    construction  of any new facility intended to be used for the
 8    incineration  of any hazardous waste. This  subsection  shall
 9    not  apply  to  facilities intended for use for combustion of
10    potentially infectious medical waste, for use as  part  of  a
11    State  or  federally  designated  clean-up action, or for use
12    solely for the conduct of research and  the  development  and
13    demonstration   of   technologies  for  the  incineration  of
14    hazardous waste.
15        (p) (1)  Any  person  submitting  an  application  for  a
16    permit for a new MSWLF unit or for a lateral expansion  under
17    subsection  (t)  of  Section  21  of this Act for an existing
18    MSWLF unit that has not received and is not subject to  local
19    siting  approval under Section 39.2 of this Act shall publish
20    notice  of  the  application  in  a  newspaper   of   general
21    circulation  in  the  county in which the MSWLF unit is or is
22    proposed to be located.  The  notice  must  be  published  at
23    least  15 days before submission of the permit application to
24    the Agency.  The notice shall state the name and  address  of
25    the  applicant,  the  location  of the MSWLF unit or proposed
26    MSWLF unit, the nature and size of the MSWLF unit or proposed
27    MSWLF unit, the nature of the activity proposed, the probable
28    life  of  the  proposed  activity,  the   date   the   permit
29    application  will  be submitted, and a statement that persons
30    may file written comments  with  the  Agency  concerning  the
31    permit  application  within  30  days after the filing of the
32    permit application unless the time period to submit  comments
33    is extended by the Agency.
34        When a permit applicant submits information to the Agency
 
SB356 Engrossed             -16-               LRB9207746ACcd
 1    to  supplement  a  permit  application  being reviewed by the
 2    Agency, the applicant shall not be required  to  reissue  the
 3    notice under this subsection.
 4        (2)  The  Agency shall accept written comments concerning
 5    the permit application that are postmarked no later  than  30
 6    days  after  the filing of the permit application, unless the
 7    time period to accept comments is extended by the Agency.
 8        (3)  Each applicant for a permit described in part (1) of
 9    this subsection shall file a copy of the  permit  application
10    with  the  county board or governing body of the municipality
11    in which the MSWLF unit is or is proposed to  be  located  at
12    the  same  time  the  application is submitted to the Agency.
13    The  permit  application  filed  with  the  county  board  or
14    governing  body  of  the  municipality  shall   include   all
15    documents  submitted  to  or  to  be submitted to the Agency,
16    except trade secrets as determined under Section 7.1 of  this
17    Act.  The permit application and other documents on file with
18    the  county board or governing body of the municipality shall
19    be  made  available  for  public  inspection  during  regular
20    business hours at the office  of  the  county  board  or  the
21    governing  body  of  the  municipality and may be copied upon
22    payment of the actual cost of reproduction.
23    (Source: P.A. 89-487, eff.  6-21-96;  89-556,  eff.  7-26-96;
24    90-14,  eff.  7-1-97;  90-367,  eff.  8-10-97;  90-537,  eff.
25    11-26-97; 90-655, eff 7-30-98.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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