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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||||||||||||||||||||||
5 | changing Sections 39 and 39.2 as follows:
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6 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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7 | Sec. 39. Issuance of permits; procedures.
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8 | (a) When the Board has by regulation required a permit for
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9 | the construction, installation, or operation of any type of | ||||||||||||||||||||||||||
10 | 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
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16 | procedures as are necessary to carry out its duties under this | ||||||||||||||||||||||||||
17 | Section.
In making its determinations on permit applications | ||||||||||||||||||||||||||
18 | under this Section the Agency may consider prior adjudications | ||||||||||||||||||||||||||
19 | of
noncompliance with this Act by the applicant that involved a | ||||||||||||||||||||||||||
20 | release of a
contaminant into the environment. In granting | ||||||||||||||||||||||||||
21 | permits, the Agency
may impose reasonable conditions | ||||||||||||||||||||||||||
22 | specifically related to the applicant's past
compliance | ||||||||||||||||||||||||||
23 | history with this Act as necessary to correct, detect, or
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24 | prevent noncompliance. The Agency may impose such other | ||||||||||||||||||||||||||
25 | conditions
as may be necessary to accomplish the purposes of | ||||||||||||||||||||||||||
26 | this Act, and as are not
inconsistent with the regulations | ||||||||||||||||||||||||||
27 | promulgated by the Board hereunder. Except as
otherwise | ||||||||||||||||||||||||||
28 | provided in this Act, a bond or other security shall not be | ||||||||||||||||||||||||||
29 | required
as a condition for the issuance of a permit. If the | ||||||||||||||||||||||||||
30 | Agency denies any permit
under this Section, the Agency shall | ||||||||||||||||||||||||||
31 | transmit to the applicant within the time
limitations of this | ||||||||||||||||||||||||||
32 | Section specific, detailed statements as to the reasons the
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1 | permit application was denied. Such statements shall include, | ||||||
2 | but not be
limited to the following:
| ||||||
3 | (i) the Sections of this Act which may be violated if | ||||||
4 | the permit
were granted;
| ||||||
5 | (ii) the provision of the regulations, promulgated | ||||||
6 | under this Act,
which may be violated if the permit were | ||||||
7 | granted;
| ||||||
8 | (iii) the specific type of information, if any, which | ||||||
9 | the Agency
deems the applicant did not provide the Agency; | ||||||
10 | and
| ||||||
11 | (iv) a statement of specific reasons why the Act and | ||||||
12 | the regulations
might not be met if the permit were | ||||||
13 | granted.
| ||||||
14 | If there is no final action by the Agency within 90 days | ||||||
15 | after the
filing of the application for permit, the applicant | ||||||
16 | may deem the permit
issued; except that this time period shall | ||||||
17 | be extended to 180 days when
(1) notice and opportunity for | ||||||
18 | public hearing are required by State or
federal law or | ||||||
19 | regulation, (2) the application which was filed is for
any | ||||||
20 | permit to develop a landfill subject to issuance pursuant to | ||||||
21 | this
subsection, or (3) the application that was filed is for a | ||||||
22 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
23 | of Section 39. The
90-day and 180-day time periods for the | ||||||
24 | Agency to take final action do not
apply to NPDES permit | ||||||
25 | applications under subsection (b) of this Section,
to RCRA | ||||||
26 | permit applications under subsection (d) of this Section, or
to | ||||||
27 | UIC permit applications under subsection (e) of this Section.
| ||||||
28 | The Agency shall publish notice of all final permit | ||||||
29 | determinations for
development permits for MSWLF units and for | ||||||
30 | significant permit modifications
for lateral expansions for | ||||||
31 | existing MSWLF units one time in a newspaper of
general | ||||||
32 | circulation in the county in which the unit is or is proposed | ||||||
33 | to be
located.
| ||||||
34 | After January 1, 1994 and until July 1, 1998, operating | ||||||
35 | permits issued under
this Section by the
Agency for sources of | ||||||
36 | air pollution permitted to emit less than 25 tons
per year of |
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| |||||||
1 | any combination of regulated air pollutants, as defined in
| ||||||
2 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
3 | upon written
request by the Agency consistent with applicable | ||||||
4 | provisions of this Act and
regulations promulgated hereunder. | ||||||
5 | Such operating permits shall expire
180 days after the date of | ||||||
6 | such a request. The Board shall revise its
regulations for the | ||||||
7 | existing State air pollution operating permit program
| ||||||
8 | consistent with this provision by January 1, 1994.
| ||||||
9 | After June 30, 1998, operating permits issued under this | ||||||
10 | Section by the
Agency for sources of air pollution that are not | ||||||
11 | subject to Section 39.5 of
this Act and are not required to | ||||||
12 | have a federally enforceable State operating
permit shall be | ||||||
13 | required to be renewed only upon written request by the Agency
| ||||||
14 | consistent with applicable provisions of this Act and its | ||||||
15 | rules. Such
operating permits shall expire 180 days after the | ||||||
16 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
17 | revise its rules for the existing State
air pollution operating | ||||||
18 | permit program consistent with this paragraph and shall
adopt | ||||||
19 | rules that require a source to demonstrate that it qualifies | ||||||
20 | for a permit
under this paragraph.
| ||||||
21 | (b) The Agency may issue NPDES permits exclusively under | ||||||
22 | this
subsection for the discharge of contaminants from point | ||||||
23 | sources into
navigable waters, all as defined in the Federal | ||||||
24 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
25 | within the jurisdiction of the
State, or into any well.
| ||||||
26 | All NPDES permits shall contain those terms and conditions, | ||||||
27 | including
but not limited to schedules of compliance, which may | ||||||
28 | be required to
accomplish the purposes and provisions of this | ||||||
29 | Act.
| ||||||
30 | The Agency may issue general NPDES permits for discharges | ||||||
31 | from categories
of point sources which are subject to the same | ||||||
32 | permit limitations and
conditions. Such general permits may be | ||||||
33 | issued without individual
applications and shall conform to | ||||||
34 | regulations promulgated under Section 402
of the Federal Water | ||||||
35 | Pollution Control Act, as now or hereafter amended.
| ||||||
36 | The Agency may include, among such conditions, effluent |
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1 | limitations
and other requirements established under this Act, | ||||||
2 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
3 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
4 | schedules for achieving compliance
therewith at the earliest | ||||||
5 | reasonable date.
| ||||||
6 | The Agency shall adopt filing requirements and procedures | ||||||
7 | which are
necessary and appropriate for the issuance of NPDES | ||||||
8 | permits, and which
are consistent with the Act or regulations | ||||||
9 | adopted by the Board, and
with the Federal Water Pollution | ||||||
10 | Control Act, as now or hereafter
amended, and regulations | ||||||
11 | pursuant thereto.
| ||||||
12 | The Agency, subject to any conditions which may be | ||||||
13 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
14 | allow discharges beyond
deadlines established by this Act or by | ||||||
15 | regulations of the Board without
the requirement of a variance, | ||||||
16 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
17 | hereafter amended, and regulations pursuant thereto.
| ||||||
18 | (c) Except for those facilities owned or operated by | ||||||
19 | sanitary districts
organized under the Metropolitan Water | ||||||
20 | Reclamation District Act, no
permit for the development or | ||||||
21 | construction of a new pollution control
facility may be granted | ||||||
22 | by the Agency unless the applicant submits proof to the
Agency | ||||||
23 | that the location of the facility has been approved by the | ||||||
24 | County Board
of the county if in an unincorporated area, or the | ||||||
25 | governing body of the
municipality when in an incorporated | ||||||
26 | area, in which the facility is to be
located in accordance with | ||||||
27 | Section 39.2 of this Act.
| ||||||
28 | In the event that siting approval granted pursuant to | ||||||
29 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
30 | operator, that subsequent owner or
operator may apply to the | ||||||
31 | Agency for, and the Agency may grant, a development
or | ||||||
32 | construction permit for the facility for which local siting | ||||||
33 | approval was
granted. Upon application to the Agency for a | ||||||
34 | development or
construction permit by that subsequent owner or | ||||||
35 | operator,
the permit applicant shall cause written notice of | ||||||
36 | the permit application
to be served upon the appropriate county |
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| |||||||
1 | board or governing body of the
municipality that granted siting | ||||||
2 | approval for that facility and upon any party
to the siting | ||||||
3 | proceeding pursuant to which siting approval was granted. In
| ||||||
4 | that event, the Agency shall conduct an evaluation of the | ||||||
5 | subsequent owner or
operator's prior experience in waste | ||||||
6 | management operations in the manner
conducted under subsection | ||||||
7 | (i) of Section 39 of this Act.
| ||||||
8 | Beginning August 20, 1993, if the pollution control | ||||||
9 | facility consists of a
hazardous or solid waste disposal | ||||||
10 | facility for which the proposed site is
located in an | ||||||
11 | unincorporated area of a county with a population of less than
| ||||||
12 | 100,000 and includes all or a portion of a parcel of land that | ||||||
13 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
14 | population of less than 5,000, then
the local siting review | ||||||
15 | required under this subsection (c) in conjunction with
any | ||||||
16 | permit applied for after that date shall be performed by the | ||||||
17 | governing body
of that adjacent municipality rather than the | ||||||
18 | county board of the county in
which the proposed site is | ||||||
19 | located; and for the purposes of that local siting
review, any | ||||||
20 | references in this Act to the county board shall be deemed to | ||||||
21 | mean
the governing body of that adjacent municipality; | ||||||
22 | provided, however, that the
provisions of this paragraph shall | ||||||
23 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
24 | owned in whole or in part by another municipality.
| ||||||
25 | In the case of a pollution control facility for which a
| ||||||
26 | development permit was issued before November 12, 1981, if an | ||||||
27 | operating
permit has not been issued by the Agency prior to | ||||||
28 | August 31, 1989 for
any portion of the facility, then the | ||||||
29 | Agency may not issue or renew any
development permit nor issue | ||||||
30 | an original operating permit for any portion of
such facility | ||||||
31 | unless the applicant has submitted proof to the Agency that the
| ||||||
32 | location of the facility has been approved by the appropriate | ||||||
33 | county board or
municipal governing body pursuant to Section | ||||||
34 | 39.2 of this Act.
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35 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
36 | any portion for which an operating permit has been issued by
|
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1 | the Agency, has not accepted waste disposal for 5 or more | ||||||
2 | consecutive calendars
years, before that facility may accept | ||||||
3 | any new or additional waste for
disposal, the owner and | ||||||
4 | operator must obtain a new operating permit under this
Act for | ||||||
5 | that facility unless the owner and operator have applied to the | ||||||
6 | Agency
for a permit authorizing the temporary suspension of | ||||||
7 | waste acceptance. The
Agency may not issue a new operation | ||||||
8 | permit under this Act for the facility
unless the applicant has | ||||||
9 | submitted proof to the Agency that the location of the
facility | ||||||
10 | has been approved or re-approved by the appropriate county | ||||||
11 | board or
municipal governing body under Section 39.2 of this | ||||||
12 | Act after the facility
ceased accepting waste. | ||||||
13 | Notwithstanding any other provision of this Section, on and | ||||||
14 | after the effective date of this amendatory Act of the 94th | ||||||
15 | General Assembly no permit for the development or construction | ||||||
16 | of a new municipal solid waste landfill may be granted by the | ||||||
17 | Agency for a municipal solid waste landfill located within 6 | ||||||
18 | miles of a public airport that is primarily served by general | ||||||
19 | aviation aircraft and regularly scheduled flights of aircraft | ||||||
20 | designed for 60 passengers or less.
| ||||||
21 | Except for those facilities owned or operated by sanitary | ||||||
22 | districts
organized under the Metropolitan Water Reclamation | ||||||
23 | District Act, and
except for new pollution control facilities | ||||||
24 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
25 | facilities, the granting of a permit under
this Act shall not | ||||||
26 | relieve the applicant from meeting and securing all
necessary | ||||||
27 | zoning approvals from the unit of government having zoning
| ||||||
28 | jurisdiction over the proposed facility.
| ||||||
29 | Before beginning construction on any new sewage treatment | ||||||
30 | plant or sludge
drying site to be owned or operated by a | ||||||
31 | sanitary district organized under
the Metropolitan Water | ||||||
32 | Reclamation District Act for which a new
permit (rather than | ||||||
33 | the renewal or amendment of an existing permit) is
required, | ||||||
34 | such sanitary district shall hold a public hearing within the
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35 | municipality within which the proposed facility is to be | ||||||
36 | located, or within the
nearest community if the proposed |
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| |||||||
1 | facility is to be located within an
unincorporated area, at | ||||||
2 | which information concerning the proposed facility
shall be | ||||||
3 | made available to the public, and members of the public shall | ||||||
4 | be given
the opportunity to express their views concerning the | ||||||
5 | proposed facility.
| ||||||
6 | The Agency may issue a permit for a municipal waste | ||||||
7 | transfer station
without requiring approval pursuant to | ||||||
8 | Section 39.2 provided that the following
demonstration is 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 the | ||||||
14 | Agency to develop
and operate the municipal waste transfer | ||||||
15 | station during April of 1994;
| ||||||
16 | (3) the operator can demonstrate that the county board | ||||||
17 | of the county, if
the municipal waste transfer station is | ||||||
18 | in an unincorporated area, or the
governing body of the | ||||||
19 | municipality, if the station is in an incorporated area,
| ||||||
20 | does not object to resumption of the operation of the | ||||||
21 | station; and
| ||||||
22 | (4) the site has local zoning approval.
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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 conditions, | ||||||
28 | including but
not limited to schedules of compliance, which may | ||||||
29 | be required to accomplish
the purposes and provisions of this | ||||||
30 | Act. The Agency may include among such
conditions standards and | ||||||
31 | other requirements established under this Act,
Board | ||||||
32 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
33 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
34 | and may include
schedules for achieving compliance therewith as | ||||||
35 | soon as possible. The
Agency shall require that a performance | ||||||
36 | bond or other security be provided
as a condition for the |
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| |||||||
1 | issuance of a RCRA permit.
| ||||||
2 | In the case of a permit to operate a hazardous waste or PCB | ||||||
3 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
4 | Agency shall require, as a
condition of the permit, that the | ||||||
5 | operator of the facility perform such
analyses of the waste to | ||||||
6 | be incinerated as may be necessary and appropriate
to ensure | ||||||
7 | the safe operation of the incinerator.
| ||||||
8 | The Agency shall adopt filing requirements and procedures | ||||||
9 | which
are necessary and appropriate for the issuance of RCRA | ||||||
10 | permits, and which
are consistent with the Act or regulations | ||||||
11 | adopted by the Board, and with
the Resource Conservation and | ||||||
12 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
13 | pursuant thereto.
| ||||||
14 | The applicant shall make available to the public for | ||||||
15 | inspection all
documents submitted by the applicant to the | ||||||
16 | Agency in furtherance
of an application, with the exception of | ||||||
17 | trade secrets, at the office of
the county board or governing | ||||||
18 | body of the municipality. Such documents
may be copied upon | ||||||
19 | payment of the actual cost of reproduction during regular
| ||||||
20 | business hours of the local office. The Agency shall issue a | ||||||
21 | written statement
concurrent with its grant or denial of the | ||||||
22 | permit explaining the basis for its
decision.
| ||||||
23 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
24 | subsection to persons owning or operating a facility for the | ||||||
25 | underground
injection of contaminants as defined under this | ||||||
26 | Act.
| ||||||
27 | All UIC permits shall contain those terms and conditions, | ||||||
28 | including but
not limited to schedules of compliance, which may | ||||||
29 | be required to accomplish
the purposes and provisions of this | ||||||
30 | Act. The Agency may include among such
conditions standards and | ||||||
31 | other requirements established under this Act,
Board | ||||||
32 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
33 | amended,
and regulations pursuant thereto, and may include | ||||||
34 | schedules for achieving
compliance therewith. The Agency shall | ||||||
35 | require that a performance bond or
other security be provided | ||||||
36 | as a condition for the issuance of a UIC permit.
|
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| |||||||
1 | The Agency shall adopt filing requirements and procedures | ||||||
2 | which
are necessary and appropriate for the issuance of UIC | ||||||
3 | permits, and which
are consistent with the Act or regulations | ||||||
4 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
5 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
6 | The applicant shall make available to the public for | ||||||
7 | inspection, all
documents submitted by the applicant to the | ||||||
8 | Agency in furtherance of an
application, with the exception of | ||||||
9 | trade secrets, at the office of the county
board or governing | ||||||
10 | body of the municipality. Such documents may be copied upon
| ||||||
11 | payment of the actual cost of reproduction during regular | ||||||
12 | business hours of the
local office. The Agency shall issue a | ||||||
13 | written statement concurrent with its
grant or denial of the | ||||||
14 | permit explaining the basis for its decision.
| ||||||
15 | (f) In making any determination pursuant to Section 9.1 of | ||||||
16 | this Act:
| ||||||
17 | (1) The Agency shall have authority to make the | ||||||
18 | determination of any
question required to be determined by | ||||||
19 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
20 | or the regulations of the Board, including the
| ||||||
21 | determination of the Lowest Achievable Emission Rate, | ||||||
22 | Maximum Achievable
Control Technology, or Best Available | ||||||
23 | Control Technology, consistent with the
Board's | ||||||
24 | regulations, if any.
| ||||||
25 | (2) The Agency shall, after conferring with the | ||||||
26 | applicant, give written
notice to the applicant of its | ||||||
27 | proposed decision on the application including
the terms | ||||||
28 | and conditions of the permit to be issued and the facts, | ||||||
29 | conduct
or other basis upon which the Agency will rely to | ||||||
30 | support its proposed action.
| ||||||
31 | (3) Following such notice, the Agency shall give the | ||||||
32 | applicant an
opportunity for a hearing in accordance with | ||||||
33 | the provisions of Sections
10-25 through 10-60 of the | ||||||
34 | Illinois Administrative Procedure Act.
| ||||||
35 | (g) The Agency shall include as conditions upon all permits | ||||||
36 | issued for
hazardous waste disposal sites such restrictions |
| |||||||
| |||||||
1 | upon the future use
of such sites as are reasonably necessary | ||||||
2 | to protect public health and
the environment, including | ||||||
3 | permanent prohibition of the use of such
sites for purposes | ||||||
4 | which may create an unreasonable risk of injury to human
health | ||||||
5 | or to the environment. After administrative and judicial | ||||||
6 | challenges
to such restrictions have been exhausted, the Agency | ||||||
7 | shall file such
restrictions of record in the Office of the | ||||||
8 | Recorder of the county in which
the hazardous waste disposal | ||||||
9 | site is located.
| ||||||
10 | (h) A hazardous waste stream may not be deposited in a | ||||||
11 | permitted hazardous
waste site unless specific authorization | ||||||
12 | is obtained from the Agency by the
generator and disposal site | ||||||
13 | owner and operator for the deposit of that specific
hazardous | ||||||
14 | waste stream. The Agency may grant specific authorization for
| ||||||
15 | disposal of hazardous waste streams only after the generator | ||||||
16 | has reasonably
demonstrated that, considering
technological | ||||||
17 | feasibility and economic reasonableness, the hazardous waste
| ||||||
18 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
19 | chemically,
physically or biologically treated so as to | ||||||
20 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
21 | granting authorization under this Section,
the Agency may | ||||||
22 | impose such conditions as may be necessary to accomplish
the | ||||||
23 | purposes of the Act and are consistent with this Act and | ||||||
24 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
25 | refuses to grant
authorization under this Section, the | ||||||
26 | applicant may appeal as if the Agency
refused to grant a | ||||||
27 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
28 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
29 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
30 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
31 | partially recycled
for reuse prior to disposal, in which case | ||||||
32 | the last person who treats,
incinerates, or partially recycles | ||||||
33 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
34 | the hazardous waste is from a response action, in which case
| ||||||
35 | the person performing the response action is the generator. | ||||||
36 | This subsection
(h) does not apply to any hazardous waste that |
| |||||||
| |||||||
1 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
2 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
3 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
4 | transfer station, waste treatment
facility, waste incinerator, | ||||||
5 | or any waste-transportation operation, or any permit for a | ||||||
6 | clean construction or demolition debris fill operation, the | ||||||
7 | Agency
shall conduct an evaluation of the prospective owner's | ||||||
8 | or operator's prior
experience in waste management operations. | ||||||
9 | The Agency may deny such a permit
if the prospective owner or | ||||||
10 | operator or any employee or officer of the
prospective owner or | ||||||
11 | operator has a history of:
| ||||||
12 | (1) repeated violations of federal, State, or local | ||||||
13 | laws, regulations,
standards, or ordinances in the | ||||||
14 | operation of waste management facilities or
sites; or
| ||||||
15 | (2) conviction in this or another State of any crime | ||||||
16 | which is a felony
under the laws of this State, or | ||||||
17 | conviction of a felony in a federal court; or
| ||||||
18 | (3) proof of gross carelessness or incompetence in | ||||||
19 | handling, storing,
processing, transporting or disposing | ||||||
20 | of waste.
| ||||||
21 | (i-5) Before issuing any permit or approving any interim | ||||||
22 | authorization for a clean construction or demolition debris | ||||||
23 | fill operation in which any ownership interest is transferred | ||||||
24 | between January 1, 2005, and the effective date of the | ||||||
25 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
26 | shall conduct an evaluation of the operation if any previous | ||||||
27 | activities at the site or facility may have caused or allowed | ||||||
28 | contamination of the site. It shall be the responsibility of | ||||||
29 | the owner or operator seeking the permit or interim | ||||||
30 | authorization to provide to the Agency all of the information | ||||||
31 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
32 | may deny a permit or interim authorization if previous | ||||||
33 | activities at the site may have caused or allowed contamination | ||||||
34 | at the site, unless such contamination is authorized under any | ||||||
35 | permit issued by the Agency.
| ||||||
36 | (j) The issuance under this Act of a permit to engage in |
| |||||||
| |||||||
1 | the surface mining
of any resources other than fossil fuels | ||||||
2 | shall not relieve
the permittee from its duty to comply with | ||||||
3 | any applicable local law regulating
the commencement, location | ||||||
4 | or operation of surface mining facilities.
| ||||||
5 | (k) A development permit issued under subsection (a) of | ||||||
6 | Section 39 for any
facility or site which is required to have a | ||||||
7 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
8 | end of 2 calendar years from the date upon which
it was issued, | ||||||
9 | unless within that period the applicant has taken action to
| ||||||
10 | develop the facility or the site. In the event that review of | ||||||
11 | the
conditions of the development permit is sought pursuant to | ||||||
12 | Section 40 or
41, or permittee is prevented from commencing | ||||||
13 | development of the facility
or site by any other litigation | ||||||
14 | beyond the permittee's control, such
two-year period shall be | ||||||
15 | deemed to begin on the date upon which such review
process or | ||||||
16 | litigation is concluded.
| ||||||
17 | (l) No permit shall be issued by the Agency under this Act | ||||||
18 | for
construction or operation of any facility or site located | ||||||
19 | within the
boundaries of any setback zone established pursuant | ||||||
20 | to this Act, where such
construction or operation is | ||||||
21 | prohibited.
| ||||||
22 | (m) The Agency may issue permits to persons owning or | ||||||
23 | operating
a facility for composting landscape waste. In | ||||||
24 | granting such permits, the Agency
may impose such conditions as | ||||||
25 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
26 | are not inconsistent with applicable regulations promulgated
| ||||||
27 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
28 | or other
security shall not be required as a condition for the | ||||||
29 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
30 | to this subsection, the Agency shall
transmit to the applicant | ||||||
31 | within the time limitations of this subsection
specific, | ||||||
32 | detailed statements as to the reasons the permit application | ||||||
33 | was
denied. Such statements shall include but not be limited to | ||||||
34 | the following:
| ||||||
35 | (1) the Sections of this Act that may be violated if | ||||||
36 | the permit
were granted;
|
| |||||||
| |||||||
1 | (2) the specific regulations promulgated pursuant to | ||||||
2 | this
Act that may be violated if the permit were granted;
| ||||||
3 | (3) the specific information, if any, the Agency deems | ||||||
4 | the
applicant did not provide in its application to the | ||||||
5 | Agency; and
| ||||||
6 | (4) a statement of specific reasons why the Act and the | ||||||
7 | regulations
might be violated if the permit were granted.
| ||||||
8 | If no final action is taken by the Agency within 90 days | ||||||
9 | after the filing
of the application for permit, the applicant | ||||||
10 | may deem the permit issued.
Any applicant for a permit may | ||||||
11 | waive the 90 day limitation by filing a
written statement with | ||||||
12 | the Agency.
| ||||||
13 | The Agency shall issue permits for such facilities upon | ||||||
14 | receipt of an
application that includes a legal description of | ||||||
15 | the site, a topographic
map of the site drawn to the scale of | ||||||
16 | 200 feet to the inch or larger, a
description of the operation, | ||||||
17 | including the area served, an estimate of
the volume of | ||||||
18 | materials to be processed, and documentation that:
| ||||||
19 | (1) the facility includes a setback of at
least 200 | ||||||
20 | feet from the nearest potable water supply well;
| ||||||
21 | (2) the facility is located outside the boundary
of the | ||||||
22 | 10-year floodplain or the site will be floodproofed;
| ||||||
23 | (3) the facility is located so as to minimize
| ||||||
24 | incompatibility with the character of the surrounding | ||||||
25 | area, including at
least a 200 foot setback from any | ||||||
26 | residence, and in the case of a
facility that is developed | ||||||
27 | or the permitted composting area of which is
expanded after | ||||||
28 | November 17, 1991, the composting area is located at least | ||||||
29 | 1/8
mile from the nearest residence (other than a residence | ||||||
30 | located on the same
property as the facility);
| ||||||
31 | (4) the design of the facility will prevent any compost | ||||||
32 | material from
being placed within 5 feet of the water | ||||||
33 | table, will adequately control runoff
from the site, and | ||||||
34 | will collect and manage any leachate that is generated on
| ||||||
35 | the site;
| ||||||
36 | (5) the operation of the facility will include |
| |||||||
| |||||||
1 | appropriate dust
and odor control measures, limitations on | ||||||
2 | operating hours, appropriate
noise control measures for | ||||||
3 | shredding, chipping and similar equipment,
management | ||||||
4 | procedures for composting, containment and disposal of
| ||||||
5 | non-compostable wastes, procedures to be used for
| ||||||
6 | terminating operations at the site, and recordkeeping | ||||||
7 | sufficient to
document the amount of materials received, | ||||||
8 | composted and otherwise
disposed of; and
| ||||||
9 | (6) the operation will be conducted in accordance with | ||||||
10 | any applicable
rules adopted by the Board.
| ||||||
11 | The Agency shall issue renewable permits of not longer than | ||||||
12 | 10 years
in duration for the composting of landscape wastes, as | ||||||
13 | defined in Section
3.155 of this Act, based on the above | ||||||
14 | requirements.
| ||||||
15 | The operator of any facility permitted under this | ||||||
16 | subsection (m) must
submit a written annual statement to the | ||||||
17 | Agency on or before April 1 of
each year that includes an | ||||||
18 | estimate of the amount of material, in tons,
received for | ||||||
19 | composting.
| ||||||
20 | (n) The Agency shall issue permits jointly with the | ||||||
21 | Department of
Transportation for the dredging or deposit of | ||||||
22 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
23 | Rivers, Lakes, and Streams Act.
| ||||||
24 | (o) (Blank.)
| ||||||
25 | (p) (1) Any person submitting an application for a permit | ||||||
26 | for a new MSWLF
unit or for a lateral expansion under | ||||||
27 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
28 | unit that has not received and is not subject to local
siting | ||||||
29 | approval under Section 39.2 of this Act shall publish notice of | ||||||
30 | the
application in a newspaper of general circulation in the | ||||||
31 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
32 | The notice must be published at
least 15 days before submission | ||||||
33 | of the permit application to the Agency. The
notice shall state | ||||||
34 | the name and address of the applicant, the location of the
| ||||||
35 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
36 | MSWLF unit or
proposed MSWLF unit, the nature of the activity |
| |||||||
| |||||||
1 | proposed, the probable life of
the proposed activity, the date | ||||||
2 | the permit application will be submitted, and a
statement that | ||||||
3 | persons may file written comments with the Agency concerning | ||||||
4 | the
permit application within 30 days after the filing of the | ||||||
5 | permit application
unless the time period to submit comments is | ||||||
6 | extended by the Agency.
| ||||||
7 | When a permit applicant submits information to the Agency | ||||||
8 | to supplement a
permit application being reviewed by the | ||||||
9 | Agency, the applicant shall not be
required to reissue the | ||||||
10 | notice under this subsection.
| ||||||
11 | (2) The Agency shall accept written comments concerning the | ||||||
12 | permit
application that are postmarked no later than 30 days | ||||||
13 | after the
filing of the permit application, unless the time | ||||||
14 | period to accept comments is
extended by the Agency.
| ||||||
15 | (3) Each applicant for a permit described in part (1) of | ||||||
16 | this subsection
shall file a
copy of the permit application | ||||||
17 | with the county board or governing body of the
municipality in | ||||||
18 | which the MSWLF unit is or is proposed to be located at the
| ||||||
19 | same time the application is submitted to the Agency. The | ||||||
20 | permit application
filed with the county board or governing | ||||||
21 | body of the municipality shall include
all documents submitted | ||||||
22 | to or to be submitted to the Agency, except trade
secrets as | ||||||
23 | determined under Section 7.1 of this Act. The permit | ||||||
24 | application
and other documents on file with the county board | ||||||
25 | or governing body of the
municipality shall be made available | ||||||
26 | for public inspection during regular
business hours at the | ||||||
27 | office of the county board or the governing body of the
| ||||||
28 | municipality and may be copied upon payment of the actual cost | ||||||
29 | of
reproduction.
| ||||||
30 | (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05.)
| ||||||
31 | (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
| ||||||
32 | Sec. 39.2. Local siting review.
| ||||||
33 | (a) The county board of the county or the governing body of | ||||||
34 | the
municipality, as determined by paragraph (c) of Section 39 | ||||||
35 | of this Act, shall
approve or disapprove the request for local |
| |||||||
| |||||||
1 | siting approval for each pollution
control facility which is | ||||||
2 | subject to such review. An applicant for local
siting approval | ||||||
3 | shall submit sufficient details describing the proposed
| ||||||
4 | facility to demonstrate compliance, and local siting approval | ||||||
5 | shall be granted
only if the proposed facility meets the | ||||||
6 | following criteria:
| ||||||
7 | (i) the facility is necessary to accommodate the waste | ||||||
8 | needs of the area
it is intended to serve;
| ||||||
9 | (ii) the facility is so designed, located and proposed | ||||||
10 | to be operated
that the public health, safety and welfare | ||||||
11 | will be protected;
| ||||||
12 | (iii) the facility is located so as to minimize | ||||||
13 | incompatibility with the
character of the surrounding area | ||||||
14 | and to minimize the effect on the value of
the surrounding | ||||||
15 | property;
| ||||||
16 | (iv) (A) for a facility other than a sanitary landfill | ||||||
17 | or waste disposal
site, the facility is located outside the | ||||||
18 | boundary of the 100 year flood plain
or the site is | ||||||
19 | flood-proofed; (B) for a facility that is a sanitary | ||||||
20 | landfill
or waste disposal site, the facility is located | ||||||
21 | outside the boundary of the
100-year floodplain, or if the | ||||||
22 | facility is a facility described in subsection
(b)(3) of | ||||||
23 | Section 22.19a, the site is flood-proofed;
| ||||||
24 | (v) the plan of operations for the facility is designed | ||||||
25 | to minimize
the danger to the surrounding area from fire, | ||||||
26 | spills, or other operational
accidents;
| ||||||
27 | (vi) the traffic patterns to or from the facility are | ||||||
28 | so designed as to
minimize the impact on existing traffic | ||||||
29 | flows;
| ||||||
30 | (vii) if the facility will be treating, storing or | ||||||
31 | disposing of
hazardous waste, an emergency response plan | ||||||
32 | exists for the facility which
includes notification, | ||||||
33 | containment and evacuation procedures to be used in
case of | ||||||
34 | an accidental release;
| ||||||
35 | (viii) if the facility is to be located in a county | ||||||
36 | where the county
board has adopted a solid waste management |
| |||||||
| |||||||
1 | plan consistent with the planning
requirements of the Local | ||||||
2 | Solid Waste Disposal Act or the Solid Waste Planning
and | ||||||
3 | Recycling Act, the facility is
consistent with that plan; | ||||||
4 | for purposes of this criterion (viii), the "solid waste | ||||||
5 | management plan" means the plan that is in effect as of the | ||||||
6 | date the application for siting approval is filed; and
| ||||||
7 | (ix) if the facility will be located within a regulated | ||||||
8 | recharge area,
any applicable requirements specified by | ||||||
9 | the Board for such areas have been
met.
| ||||||
10 | The county board or the governing body of the municipality | ||||||
11 | may also
consider as evidence the previous operating experience | ||||||
12 | and past record of
convictions or admissions of violations of | ||||||
13 | the applicant (and any subsidiary
or parent corporation) in the | ||||||
14 | field of solid waste management when
considering criteria (ii) | ||||||
15 | and (v) under this Section. | ||||||
16 | The county board or the governing body of the municipality | ||||||
17 | shall not approve a request for siting approval of a municipal | ||||||
18 | solid waste landfill under this Section when the proposed | ||||||
19 | location of that landfill is within 6 miles of a public airport | ||||||
20 | that is primarily served by general aviation aircraft and | ||||||
21 | regularly scheduled flights of aircraft designed for 60 | ||||||
22 | passengers or less.
| ||||||
23 | (b) No later than 14 days before the date on which the | ||||||
24 | county board or
governing body of the municipality receives a | ||||||
25 | request for
site approval, the applicant shall cause written | ||||||
26 | notice
of such request to be served either in person or by | ||||||
27 | registered mail, return
receipt requested, on the owners of all | ||||||
28 | property within the subject area not
solely owned by the | ||||||
29 | applicant, and on the owners of all property within 250
feet in | ||||||
30 | each direction of the lot line of the subject property, said | ||||||
31 | owners
being such persons or entities which appear from the | ||||||
32 | authentic tax records of
the County in which such facility is | ||||||
33 | to be located; provided, that the number
of all feet occupied | ||||||
34 | by all public roads, streets, alleys and other public ways
| ||||||
35 | shall be excluded in computing the 250 feet requirement; | ||||||
36 | provided further, that
in no event shall this requirement |
| |||||||
| |||||||
1 | exceed 400 feet, including public streets,
alleys and other | ||||||
2 | public ways.
| ||||||
3 | Such written notice shall also be served upon members of | ||||||
4 | the General Assembly
from the legislative district in which the | ||||||
5 | proposed facility is located
and shall be published in a | ||||||
6 | newspaper of general circulation published in
the county in | ||||||
7 | which the site is located.
| ||||||
8 | Such notice shall state the name and address of the | ||||||
9 | applicant, the location
of the proposed site, the nature and | ||||||
10 | size of the development, the nature of the
activity proposed, | ||||||
11 | the probable life of the proposed activity, the date when
the | ||||||
12 | request for site approval will be submitted, and a description | ||||||
13 | of the right
of persons to comment on such request as hereafter | ||||||
14 | provided.
| ||||||
15 | (c) An applicant shall file a copy of its request with the | ||||||
16 | county board
of the county or the governing body of the | ||||||
17 | municipality in which the proposed
site is located. The request | ||||||
18 | shall include (i) the substance of the
applicant's proposal and | ||||||
19 | (ii) all documents, if any, submitted as of that date
to the | ||||||
20 | Agency pertaining to the proposed facility, except trade | ||||||
21 | secrets as
determined under Section 7.1 of this Act. All such | ||||||
22 | documents or other
materials on file with the county board or | ||||||
23 | governing body of the municipality
shall be made available for | ||||||
24 | public inspection at the office of the county board
or the | ||||||
25 | governing body of the municipality and may be copied upon | ||||||
26 | payment of the
actual cost of reproduction.
| ||||||
27 | Any person may file written comment with the county board | ||||||
28 | or governing
body of the municipality concerning the | ||||||
29 | appropriateness of the proposed
site for its intended purpose. | ||||||
30 | The county board or governing body of the
municipality shall | ||||||
31 | consider any comment received or postmarked not later
than 30 | ||||||
32 | days after the date of the last public hearing.
| ||||||
33 | (d) At least one public hearing is to be held by the county | ||||||
34 | board or
governing body of the municipality no sooner than 90 | ||||||
35 | days but no later than
120 days after the date on which it | ||||||
36 | received the
request for site approval. No later than 14 days |
| |||||||
| |||||||
1 | prior to such hearing,
notice shall be published in a newspaper | ||||||
2 | of general circulation published in
the county of the proposed | ||||||
3 | site, and delivered by certified mail to all members
of the | ||||||
4 | General Assembly from the district in which the proposed site | ||||||
5 | is
located, to the governing authority of every municipality | ||||||
6 | contiguous to the
proposed site or contiguous to the | ||||||
7 | municipality in which the proposed site is
to be located, to | ||||||
8 | the county board of the county where the proposed site is to
be | ||||||
9 | located, if the proposed site is located within the boundaries | ||||||
10 | of a
municipality, and to the Agency. Members or | ||||||
11 | representatives of the governing
authority of a municipality | ||||||
12 | contiguous to the proposed site or contiguous to
the | ||||||
13 | municipality in which the proposed site is to be located and, | ||||||
14 | if the
proposed site is located in a municipality, members or | ||||||
15 | representatives of the
county board of a county in which the | ||||||
16 | proposed site is to be located may appear
at and participate in | ||||||
17 | public hearings held pursuant to this Section. The
public | ||||||
18 | hearing shall develop a record sufficient to form the basis of | ||||||
19 | appeal
of the decision in accordance with Section 40.1 of this | ||||||
20 | Act. The fact that a
member of the county board or governing | ||||||
21 | body of the municipality has publicly
expressed an opinion on | ||||||
22 | an issue related to a site review proceeding shall not
preclude | ||||||
23 | the member from taking part in the proceeding and voting on the | ||||||
24 | issue.
| ||||||
25 | (e) Decisions of the county board or governing body of the | ||||||
26 | municipality
are to be in writing, specifying the reasons for | ||||||
27 | the decision, such reasons
to be in conformance with subsection | ||||||
28 | (a) of this Section. In granting approval
for a site the county | ||||||
29 | board or governing body of the municipality may impose
such | ||||||
30 | conditions as may be reasonable and necessary to accomplish the | ||||||
31 | purposes
of this Section and as are not inconsistent with | ||||||
32 | regulations promulgated
by the Board. Such decision shall be | ||||||
33 | available for public inspection at
the office of the county | ||||||
34 | board or governing body of the municipality and
may be copied | ||||||
35 | upon payment of the actual cost of reproduction. If there is
no | ||||||
36 | final action by the county board or governing body of the |
| |||||||
| |||||||
1 | municipality
within 180 days after the date on which it | ||||||
2 | received the
request for site approval, the applicant may deem | ||||||
3 | the request approved.
| ||||||
4 | At any time prior to completion by the applicant of the | ||||||
5 | presentation of
the applicant's factual evidence and an | ||||||
6 | opportunity for cross-questioning
by the county board or | ||||||
7 | governing body of the municipality and any participants,
the | ||||||
8 | applicant may file not more than one amended application upon | ||||||
9 | payment
of additional fees pursuant to subsection (k); in which | ||||||
10 | case the time
limitation for final action set forth in this | ||||||
11 | subsection (e) shall
be extended for an additional period of 90 | ||||||
12 | days.
| ||||||
13 | If, prior to making a final local siting decision, a county | ||||||
14 | board or
governing body of a municipality has negotiated and | ||||||
15 | entered into a host
agreement with the local siting applicant, | ||||||
16 | the terms and conditions of
the host agreement, whether written | ||||||
17 | or oral, shall be disclosed and made
a part of the hearing | ||||||
18 | record for that local siting proceeding.
In the case of an oral | ||||||
19 | agreement, the disclosure shall be made in the form
of a | ||||||
20 | written summary jointly prepared and submitted by the county | ||||||
21 | board or
governing body of the municipality and the siting | ||||||
22 | applicant and shall describe
the terms and conditions of the | ||||||
23 | oral agreement.
| ||||||
24 | (e-5) Siting approval obtained pursuant to this Section is | ||||||
25 | transferable
and may be transferred to a subsequent owner or | ||||||
26 | operator. In the event that
siting approval has been | ||||||
27 | transferred to a subsequent owner or operator, that
subsequent | ||||||
28 | owner or operator assumes and takes subject to any and all
| ||||||
29 | conditions imposed upon the prior owner or operator by the | ||||||
30 | county board of
the county or governing body of the | ||||||
31 | municipality pursuant to subsection (e).
However, any such | ||||||
32 | conditions imposed pursuant to this Section may be modified
by | ||||||
33 | agreement between the subsequent owner or operator and the | ||||||
34 | appropriate
county board or governing body. Further, in the | ||||||
35 | event that siting approval
obtained pursuant to this Section | ||||||
36 | has been transferred to a subsequent owner or
operator, that |
| |||||||
| |||||||
1 | subsequent owner or operator assumes all rights and obligations
| ||||||
2 | and takes the facility subject to any and all terms and | ||||||
3 | conditions of any
existing host agreement between the prior | ||||||
4 | owner or operator and the appropriate
county board or governing | ||||||
5 | body.
| ||||||
6 | (f) A local siting approval granted under this Section | ||||||
7 | shall expire at
the end of 2 calendar years from the date upon | ||||||
8 | which it was granted, unless
the local siting approval granted | ||||||
9 | under this Section is for a sanitary landfill
operation, in | ||||||
10 | which case the approval shall expire at the end of 3 calendar
| ||||||
11 | years from the date upon which it was granted, and unless | ||||||
12 | within that period
the applicant has made application to the | ||||||
13 | Agency for a
permit to develop the site. In the event that the | ||||||
14 | local siting decision has
been appealed, such expiration period | ||||||
15 | shall be deemed to begin on the date
upon which the appeal | ||||||
16 | process is concluded.
| ||||||
17 | Except as otherwise provided in this subsection, upon the | ||||||
18 | expiration
of a development permit under subsection (k) of | ||||||
19 | Section 39, any associated
local siting approval granted for | ||||||
20 | the facility under this Section shall also
expire.
| ||||||
21 | If a first development permit for a municipal waste | ||||||
22 | incineration
facility expires under subsection (k) of Section | ||||||
23 | 39 after September 30,
1989 due to circumstances beyond the | ||||||
24 | control of the applicant, any
associated local siting approval | ||||||
25 | granted for the facility under this
Section may be used to | ||||||
26 | fulfill the local siting approval requirement upon
application | ||||||
27 | for a second development permit for the same site, provided
| ||||||
28 | that the proposal in the new application is materially the | ||||||
29 | same, with respect
to the criteria in subsection (a) of this | ||||||
30 | Section, as the proposal that
received the original siting | ||||||
31 | approval, and application for the second
development permit is | ||||||
32 | made before January 1, 1990.
| ||||||
33 | (g) The siting approval procedures, criteria and appeal | ||||||
34 | procedures
provided for in this Act for new pollution control | ||||||
35 | facilities
shall be the exclusive siting procedures and rules | ||||||
36 | and appeal procedures
for facilities subject to such |
| |||||||
| |||||||
1 | procedures. Local zoning or other local land
use requirements | ||||||
2 | shall not be applicable to such siting decisions.
| ||||||
3 | (h) Nothing in this Section shall apply to any existing or | ||||||
4 | new
pollution control facility located within the corporate | ||||||
5 | limits of
a municipality with a population of over 1,000,000.
| ||||||
6 | (i) (Blank.)
| ||||||
7 | The Board shall adopt regulations establishing the | ||||||
8 | geologic and
hydrologic siting criteria necessary to protect | ||||||
9 | usable groundwater
resources which are to be followed by the | ||||||
10 | Agency in its review of permit
applications for new pollution | ||||||
11 | control facilities. Such
regulations, insofar as they apply to | ||||||
12 | new pollution control
facilities authorized to store, treat or | ||||||
13 | dispose of any hazardous waste,
shall be at least as stringent | ||||||
14 | as the requirements of the Resource
Conservation and Recovery | ||||||
15 | Act and any State or federal regulations adopted
pursuant | ||||||
16 | thereto.
| ||||||
17 | (j) Any new pollution control facility which has never | ||||||
18 | obtained local
siting approval under the provisions of this | ||||||
19 | Section shall be required to
obtain such approval after a final | ||||||
20 | decision on an appeal of a permit denial.
| ||||||
21 | (k) A county board or governing body of a municipality may | ||||||
22 | charge
applicants for siting review under this Section a | ||||||
23 | reasonable fee to cover
the reasonable and necessary costs | ||||||
24 | incurred by such county or municipality
in the siting review | ||||||
25 | process.
| ||||||
26 | (l) The governing Authority as determined by subsection (c) | ||||||
27 | of Section
39 of this Act may request the Department of | ||||||
28 | Transportation to perform
traffic impact studies of proposed or | ||||||
29 | potential locations for required
pollution control facilities.
| ||||||
30 | (m) An applicant may not file a request for local siting | ||||||
31 | approval which is
substantially the same as a request which was | ||||||
32 | disapproved pursuant to a
finding against the applicant under | ||||||
33 | any of criteria (i) through (ix) of
subsection (a) of this | ||||||
34 | Section within the preceding 2 years.
| ||||||
35 | (n) In any review proceeding of a decision of the county | ||||||
36 | board or
governing body of a municipality made pursuant to the |
| |||||||
| |||||||
1 | local
siting review process, the petitioner in the review | ||||||
2 | proceeding shall pay to
the county or municipality the cost of | ||||||
3 | preparing and certifying the record
of proceedings. Should the | ||||||
4 | petitioner in the review proceeding fail to make
payment, the | ||||||
5 | provisions of Section 3-109 of the Code of Civil
Procedure | ||||||
6 | shall apply.
| ||||||
7 | In the event the petitioner is a citizens' group that | ||||||
8 | participated in the
siting proceeding and is so located as to | ||||||
9 | be affected by the proposed
facility, such petitioner shall be | ||||||
10 | exempt from paying the costs of
preparing and certifying the | ||||||
11 | record.
| ||||||
12 | (o) Notwithstanding any other provision of this Section, a | ||||||
13 | transfer
station used exclusively for landscape waste, where | ||||||
14 | landscape waste is held
no longer than 24 hours from the time | ||||||
15 | it was received, is not subject to the
requirements of local | ||||||
16 | siting approval under this Section, but is subject only
to | ||||||
17 | local zoning approval.
| ||||||
18 | (Source: P.A. 94-591, eff. 8-15-05.)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|