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92_SB0356ham002
LRB9207746ACcdam02
1 AMENDMENT TO SENATE BILL 356
2 AMENDMENT NO. . Amend Senate Bill 356 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Environmental Protection Act is amended
5 by changing Section 39.2 as follows:
6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
7 Sec. 39.2. Local siting review.
8 (a) The county board of the county or the governing body
9 of the municipality, as determined by paragraph (c) of
10 Section 39 of this Act, shall approve or disapprove the
11 request for local siting approval for each pollution control
12 facility which is subject to such review. An applicant for
13 local siting approval shall submit sufficient details
14 describing the proposed facility to demonstrate compliance,
15 and local siting approval shall be granted only if the
16 proposed facility meets the following criteria:
17 (i) the facility is necessary to accommodate the
18 waste needs of the area it is intended to serve;
19 (ii) the facility is so designed, located and
20 proposed to be operated that the public health, safety
21 and welfare will be protected;
22 (iii) the facility is located so as to minimize
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1 incompatibility with the character of the surrounding
2 area and to minimize the effect on the value of the
3 surrounding property;
4 (iv) (A) for a facility other than a sanitary
5 landfill or waste disposal site, the facility is located
6 outside the boundary of the 100 year flood plain or the
7 site is flood-proofed; (B) for a facility that is a
8 sanitary landfill or waste disposal site, the facility is
9 located outside the boundary of the 100-year floodplain,
10 or if the facility is a facility described in subsection
11 (b)(3) of Section 22.19a, the site is flood-proofed;
12 (v) the plan of operations for the facility is
13 designed to minimize the danger to the surrounding area
14 from fire, spills, or other operational accidents;
15 (vi) the traffic patterns to or from the facility
16 are so designed as to minimize the impact on existing
17 traffic flows;
18 (vii) if the facility will be treating, storing or
19 disposing of hazardous waste, an emergency response plan
20 exists for the facility which includes notification,
21 containment and evacuation procedures to be used in case
22 of an accidental release;
23 (viii) if the facility is to be located in a county
24 where the county board has adopted a solid waste
25 management plan consistent with the planning requirements
26 of the Local Solid Waste Disposal Act or the Solid Waste
27 Planning and Recycling Act, the facility is consistent
28 with that plan; and
29 (ix) if the facility will be located within a
30 regulated recharge area, any applicable requirements
31 specified by the Board for such areas have been met.
32 The county board or the governing body of the
33 municipality may also consider as evidence the previous
34 operating experience and past record of convictions or
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1 admissions of violations of the applicant (and any subsidiary
2 or parent corporation) in the field of solid waste management
3 when considering criteria (ii) and (v) under this Section.
4 (b) No later than 14 days prior to a request for
5 location approval the applicant shall cause written notice of
6 such request to be served either in person or by registered
7 mail, return receipt requested, on the owners of all property
8 within the subject area not solely owned by the applicant,
9 and on the owners of all property within 250 feet in each
10 direction of the lot line of the subject property, said
11 owners being such persons or entities which appear from the
12 authentic tax records of the County in which such facility is
13 to be located; provided, that the number of all feet occupied
14 by all public roads, streets, alleys and other public ways
15 shall be excluded in computing the 250 feet requirement;
16 provided further, that in no event shall this requirement
17 exceed 400 feet, including public streets, alleys and other
18 public ways.
19 Such written notice shall also be served upon members of
20 the General Assembly from the legislative district in which
21 the proposed facility is located and shall be published in a
22 newspaper of general circulation published in the county in
23 which the site is located.
24 Such notice shall state the name and address of the
25 applicant, the location of the proposed site, the nature and
26 size of the development, the nature of the activity proposed,
27 the probable life of the proposed activity, the date when the
28 request for site approval will be submitted, and a
29 description of the right of persons to comment on such
30 request as hereafter provided.
31 (c) An applicant shall file a copy of its request with
32 the county board of the county or the governing body of the
33 municipality in which the proposed site is located. The
34 request shall include (i) the substance of the applicant's
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1 proposal and (ii) all documents, if any, submitted as of that
2 date to the Agency pertaining to the proposed facility,
3 except trade secrets as determined under Section 7.1 of this
4 Act. All such documents or other materials on file with the
5 county board or governing body of the municipality shall be
6 made available for public inspection at the office of the
7 county board or the governing body of the municipality and
8 may be copied upon payment of the actual cost of
9 reproduction.
10 Any person may file written comment with the county board
11 or governing body of the municipality concerning the
12 appropriateness of the proposed site for its intended
13 purpose. The county board or governing body of the
14 municipality shall consider any comment received or
15 postmarked not later than 30 days after the date of the last
16 public hearing.
17 (d) At least one public hearing is to be held by the
18 county board or governing body of the municipality no sooner
19 than 90 days but no later than 120 days from receipt of the
20 request for site approval. No later than 14 days prior to
21 such hearing notice shall be published in a newspaper of
22 general circulation published in the county of the proposed
23 site, and delivered by certified mail to all members of the
24 General Assembly from the district in which the proposed site
25 is located, to the governing authority of every municipality
26 contiguous to the proposed site or contiguous to the
27 municipality in which the proposed site is to be located, to
28 the county board of the county where the proposed site is to
29 be located, if the proposed site is located within the
30 boundaries of a municipality, and to the Agency. Members or
31 representatives of the governing authority of a municipality
32 contiguous to the proposed site or contiguous to the
33 municipality in which the proposed site is to be located
34 and, if the proposed site is located in a municipality,
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1 members or representatives of the county board of a county in
2 which the proposed site is to be located may appear at and
3 participate in public hearings held pursuant to this Section.
4 The public hearing shall develop a record sufficient to form
5 the basis of appeal of the decision in accordance with
6 Section 40.1 of this Act. The fact that a member of the
7 county board or governing body of the municipality has
8 publicly expressed an opinion on an issue related to a site
9 review proceeding shall not preclude the member from taking
10 part in the proceeding and voting on the issue.
11 (e) Decisions of the county board or governing body of
12 the municipality are to be in writing, specifying the reasons
13 for the decision, such reasons to be in conformance with
14 subsection (a) of this Section. In granting approval for a
15 site the county board or governing body of the municipality
16 may impose such conditions as may be reasonable and necessary
17 to accomplish the purposes of this Section and as are not
18 inconsistent with regulations promulgated by the Board. Such
19 decision shall be available for public inspection at the
20 office of the county board or governing body of the
21 municipality and may be copied upon payment of the actual
22 cost of reproduction. If there is no final action by the
23 county board or governing body of the municipality within 180
24 days after the filing of the request for site approval the
25 applicant may deem the request approved.
26 At any time prior to completion by the applicant of the
27 presentation of the applicant's factual evidence and an
28 opportunity for cross-questioning by the county board or
29 governing body of the municipality and any participants, the
30 applicant may file not more than one amended application upon
31 payment of additional fees pursuant to subsection (k); in
32 which case the time limitation for final action set forth in
33 this subsection (e) shall be extended for an additional
34 period of 90 days.
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1 If, prior to making a final local siting decision, a
2 county board or governing body of a municipality has
3 negotiated and entered into a host agreement with the local
4 siting applicant, the terms and conditions of the host
5 agreement, whether written or oral, shall be disclosed and
6 made a part of the hearing record for that local siting
7 proceeding. In the case of an oral agreement, the disclosure
8 shall be made in the form of a written summary jointly
9 prepared and submitted by the county board or governing body
10 of the municipality and the siting applicant and shall
11 describe the terms and conditions of the oral agreement.
12 (e-5) Siting approval obtained pursuant to this Section
13 is transferable and may be transferred to a subsequent owner
14 or operator. In the event that siting approval has been
15 transferred to a subsequent owner or operator, that
16 subsequent owner or operator assumes and takes subject to any
17 and all conditions imposed upon the prior owner or operator
18 by the county board of the county or governing body of the
19 municipality pursuant to subsection (e). However, any such
20 conditions imposed pursuant to this Section may be modified
21 by agreement between the subsequent owner or operator and the
22 appropriate county board or governing body. Further, in the
23 event that siting approval obtained pursuant to this Section
24 has been transferred to a subsequent owner or operator, that
25 subsequent owner or operator assumes all rights and
26 obligations and takes the facility subject to any and all
27 terms and conditions of any existing host agreement between
28 the prior owner or operator and the appropriate county board
29 or governing body.
30 (f) A local siting approval granted under this Section
31 shall expire at the end of 2 calendar years from the date
32 upon which it was granted, unless the local siting approval
33 granted under this Section is for a sanitary landfill
34 operation, in which case the approval shall expire at the end
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1 of 3 calendar years from the date upon which it was granted,
2 and unless within that period the applicant has made
3 application to the Agency for a permit to develop the site.
4 In the event that the local siting decision has been
5 appealed, such expiration period shall be deemed to begin on
6 the date upon which the appeal process is concluded.
7 Except as otherwise provided in this subsection, upon the
8 expiration of a development permit under subsection (k) of
9 Section 39, any associated local siting approval granted for
10 the facility under this Section shall also expire.
11 If a first development permit for a municipal waste
12 incineration facility expires under subsection (k) of Section
13 39 after September 30, 1989 due to circumstances beyond the
14 control of the applicant, any associated local siting
15 approval granted for the facility under this Section may be
16 used to fulfill the local siting approval requirement upon
17 application for a second development permit for the same
18 site, provided that the proposal in the new application is
19 materially the same, with respect to the criteria in
20 subsection (a) of this Section, as the proposal that received
21 the original siting approval, and application for the second
22 development permit is made before January 1, 1990.
23 (g) The siting approval procedures, criteria and appeal
24 procedures provided for in this Act for new pollution control
25 facilities shall be the exclusive siting procedures and rules
26 and appeal procedures for facilities subject to such
27 procedures. Local zoning or other local land use requirements
28 shall not be applicable to such siting decisions.
29 (h) Nothing in this Section shall apply to any existing
30 or new pollution control facility located within the
31 corporate limits of a municipality with a population of over
32 1,000,000.
33 (h-5) In a county with a population over 3,000,000, if a
34 pollution control facility received zoning approval before
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1 January 1, 1994, then the facility shall be deemed approved
2 under this Section.
3 (i) The Department shall make a study of technical
4 considerations relating to the siting of new pollution
5 control facilities. Such study shall include, but need not be
6 limited to, a determination of the geologic and hydrologic
7 conditions in the State most suitable for the siting of such
8 facilities, the establishment of a data base on such
9 conditions in Illinois, and recommendations for the
10 establishment of technical guidelines and criteria to be used
11 in making such siting decisions. The Department shall report
12 such study and recommendations to the General Assembly, the
13 Governor, the Board and the public no later than October 1,
14 1984.
15 The Board shall adopt regulations establishing the
16 geologic and hydrologic siting criteria necessary to protect
17 usable groundwater resources which are to be followed by the
18 Agency in its review of permit applications for new pollution
19 control facilities. Such regulations, insofar as they apply
20 to new pollution control facilities authorized to store,
21 treat or dispose of any hazardous waste, shall be at least as
22 stringent as the requirements of the Resource Conservation
23 and Recovery Act and any State or federal regulations adopted
24 pursuant thereto.
25 (j) Any new pollution control facility which has never
26 obtained local siting approval under the provisions of this
27 Section shall be required to obtain such approval after a
28 final decision on an appeal of a permit denial.
29 (k) A county board or governing body of a municipality
30 may charge applicants for siting review under this Section a
31 reasonable fee to cover the reasonable and necessary costs
32 incurred by such county or municipality in the siting review
33 process.
34 (l) The governing Authority as determined by subsection
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1 (c) of Section 39 of this Act may request the Department of
2 Transportation to perform traffic impact studies of proposed
3 or potential locations for required pollution control
4 facilities.
5 (m) An applicant may not file a request for local siting
6 approval which is substantially the same as a request which
7 was disapproved pursuant to a finding against the applicant
8 under any of criteria (i) through (ix) of subsection (a) of
9 this Section within the preceding 2 years.
10 (n) In any review proceeding of a decision of the county
11 board or governing body of a municipality made pursuant to
12 the local siting review process, the petitioner in the review
13 proceeding shall pay to the county or municipality the cost
14 of preparing and certifying the record of proceedings.
15 Should the petitioner in the review proceeding fail to make
16 payment, the provisions of Section 3-109 of the Code of Civil
17 Procedure shall apply.
18 In the event the petitioner is a citizens' group that
19 participated in the siting proceeding and is so located as to
20 be affected by the proposed facility, such petitioner shall
21 be exempt from paying the costs of preparing and certifying
22 the record.
23 (o) Notwithstanding any other provision of this Section,
24 a transfer station used exclusively for landscape waste,
25 where landscape waste is held no longer than 24 hours from
26 the time it was received, is not subject to the requirements
27 of local siting approval under this Section, but is subject
28 only to local zoning approval.
29 (Source: P.A. 90-217, eff. 1-1-98; 90-409, eff. 8-15-97;
30 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655, eff.
31 7-30-98; 91-588, eff. 8-14-99.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.".