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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 Section 39 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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| |||||||
1 | prevent noncompliance. The Agency may impose such other | ||||||
2 | conditions
as may be necessary to accomplish the purposes of | ||||||
3 | this Act, and as are not
inconsistent with the regulations | ||||||
4 | promulgated by the Board hereunder. Except as
otherwise | ||||||
5 | provided in this Act, a bond or other security shall not be | ||||||
6 | required
as a condition for the issuance of a permit. If the | ||||||
7 | Agency denies any permit
under this Section, the Agency shall | ||||||
8 | transmit to the applicant within the time
limitations of this | ||||||
9 | Section specific, detailed statements as to the reasons the
| ||||||
10 | permit application was denied. Such statements shall include, | ||||||
11 | but not be
limited to the following:
| ||||||
12 | (i) the Sections of this Act which may be violated if | ||||||
13 | the permit
were granted;
| ||||||
14 | (ii) the provision of the regulations, promulgated | ||||||
15 | under this Act,
which may be violated if the permit were | ||||||
16 | granted;
| ||||||
17 | (iii) the specific type of information, if any, which | ||||||
18 | the Agency
deems the applicant did not provide the Agency; | ||||||
19 | and
| ||||||
20 | (iv) a statement of specific reasons why the Act and | ||||||
21 | the regulations
might not be met if the permit were | ||||||
22 | granted.
| ||||||
23 | If there is no final action by the Agency within 90 days | ||||||
24 | after the
filing of the application for permit, the applicant | ||||||
25 | may deem the permit
issued; except that this time period shall | ||||||
26 | be extended to 180 days when
(1) notice and opportunity for |
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| |||||||
1 | public hearing are required by State or
federal law or | ||||||
2 | regulation, (2) the application which was filed is for
any | ||||||
3 | permit to develop a landfill subject to issuance pursuant to | ||||||
4 | this
subsection, or (3) the application that was filed is for a | ||||||
5 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
6 | of Section 39. The
90-day and 180-day time periods for the | ||||||
7 | Agency to take final action do not
apply to NPDES permit | ||||||
8 | applications under subsection (b) of this Section,
to RCRA | ||||||
9 | permit applications under subsection (d) of this Section, or
to | ||||||
10 | UIC permit applications under subsection (e) of this Section.
| ||||||
11 | The Agency shall publish notice of all final permit | ||||||
12 | determinations for
development permits for MSWLF units and for | ||||||
13 | significant permit modifications
for lateral expansions for | ||||||
14 | existing MSWLF units one time in a newspaper of
general | ||||||
15 | circulation in the county in which the unit is or is proposed | ||||||
16 | to be
located.
| ||||||
17 | After January 1, 1994 and until July 1, 1998, operating | ||||||
18 | permits issued under
this Section by the
Agency for sources of | ||||||
19 | air pollution permitted to emit less than 25 tons
per year of | ||||||
20 | any combination of regulated air pollutants, as defined in
| ||||||
21 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
22 | upon written
request by the Agency consistent with applicable | ||||||
23 | provisions of this Act and
regulations promulgated hereunder. | ||||||
24 | Such operating permits shall expire
180 days after the date of | ||||||
25 | such a request. The Board shall revise its
regulations for the | ||||||
26 | existing State air pollution operating permit program
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| |||||||
1 | consistent with this provision by January 1, 1994.
| ||||||
2 | After June 30, 1998, operating permits issued under this | ||||||
3 | Section by the
Agency for sources of air pollution that are not | ||||||
4 | subject to Section 39.5 of
this Act and are not required to | ||||||
5 | have a federally enforceable State operating
permit shall be | ||||||
6 | required to be renewed only upon written request by the Agency
| ||||||
7 | consistent with applicable provisions of this Act and its | ||||||
8 | rules. Such
operating permits shall expire 180 days after the | ||||||
9 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
10 | revise its rules for the existing State
air pollution operating | ||||||
11 | permit program consistent with this paragraph and shall
adopt | ||||||
12 | rules that require a source to demonstrate that it qualifies | ||||||
13 | for a permit
under this paragraph.
| ||||||
14 | (b) The Agency may issue NPDES permits exclusively under | ||||||
15 | this
subsection for the discharge of contaminants from point | ||||||
16 | sources into
navigable waters, all as defined in the Federal | ||||||
17 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
18 | within the jurisdiction of the
State, or into any well.
| ||||||
19 | All NPDES permits shall contain those terms and conditions, | ||||||
20 | including
but not limited to schedules of compliance, which may | ||||||
21 | be required to
accomplish the purposes and provisions of this | ||||||
22 | Act.
| ||||||
23 | The Agency may issue general NPDES permits for discharges | ||||||
24 | from categories
of point sources which are subject to the same | ||||||
25 | permit limitations and
conditions. Such general permits may be | ||||||
26 | issued without individual
applications and shall conform to |
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| |||||||
1 | regulations promulgated under Section 402
of the Federal Water | ||||||
2 | Pollution Control Act, as now or hereafter amended.
| ||||||
3 | The Agency may include, among such conditions, effluent | ||||||
4 | limitations
and other requirements established under this Act, | ||||||
5 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
6 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
7 | schedules for achieving compliance
therewith at the earliest | ||||||
8 | reasonable date.
| ||||||
9 | The Agency shall adopt filing requirements and procedures | ||||||
10 | which are
necessary and appropriate for the issuance of NPDES | ||||||
11 | permits, and which
are consistent with the Act or regulations | ||||||
12 | adopted by the Board, and
with the Federal Water Pollution | ||||||
13 | Control Act, as now or hereafter
amended, and regulations | ||||||
14 | pursuant thereto.
| ||||||
15 | The Agency, subject to any conditions which may be | ||||||
16 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
17 | allow discharges beyond
deadlines established by this Act or by | ||||||
18 | regulations of the Board without
the requirement of a variance, | ||||||
19 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
20 | hereafter amended, and regulations pursuant thereto.
| ||||||
21 | (c) Except for those facilities owned or operated by | ||||||
22 | sanitary districts
organized under the Metropolitan Water | ||||||
23 | Reclamation District Act, no
permit for the development or | ||||||
24 | construction of a new pollution control
facility may be granted | ||||||
25 | by the Agency unless the applicant submits proof to the
Agency | ||||||
26 | that the location of the facility has been approved by the |
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| |||||||
1 | County Board
of the county if in an unincorporated area, or the | ||||||
2 | governing body of the
municipality when in an incorporated | ||||||
3 | area, in which the facility is to be
located in accordance with | ||||||
4 | Section 39.2 of this Act. For purposes of this subsection (c), | ||||||
5 | and for purposes of Section 39.2 of this Act, the appropriate | ||||||
6 | county board or governing body of the municipality shall be the | ||||||
7 | county board of the county or the governing body of the | ||||||
8 | municipality in which the facility is to be located as of the | ||||||
9 | date when the application for siting approval is filed.
| ||||||
10 | In the event that siting approval granted pursuant to | ||||||
11 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
12 | operator, that subsequent owner or
operator may apply to the | ||||||
13 | Agency for, and the Agency may grant, a development
or | ||||||
14 | construction permit for the facility for which local siting | ||||||
15 | approval was
granted. Upon application to the Agency for a | ||||||
16 | development or
construction permit by that subsequent owner or | ||||||
17 | operator,
the permit applicant shall cause written notice of | ||||||
18 | the permit application
to be served upon the appropriate county | ||||||
19 | board or governing body of the
municipality that granted siting | ||||||
20 | approval for that facility and upon any party
to the siting | ||||||
21 | proceeding pursuant to which siting approval was granted. In
| ||||||
22 | that event, the Agency shall conduct an evaluation of the | ||||||
23 | subsequent owner or
operator's prior experience in waste | ||||||
24 | management operations in the manner
conducted under subsection | ||||||
25 | (i) of Section 39 of this Act.
| ||||||
26 | Beginning August 20, 1993, if the pollution control |
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| |||||||
1 | facility consists of a
hazardous or solid waste disposal | ||||||
2 | facility for which the proposed site is
located in an | ||||||
3 | unincorporated area of a county with a population of less than
| ||||||
4 | 100,000 and includes all or a portion of a parcel of land that | ||||||
5 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
6 | population of less than 5,000, then
the local siting review | ||||||
7 | required under this subsection (c) in conjunction with
any | ||||||
8 | permit applied for after that date shall be performed by the | ||||||
9 | governing body
of that adjacent municipality rather than the | ||||||
10 | county board of the county in
which the proposed site is | ||||||
11 | located; and for the purposes of that local siting
review, any | ||||||
12 | references in this Act to the county board shall be deemed to | ||||||
13 | mean
the governing body of that adjacent municipality; | ||||||
14 | provided, however, that the
provisions of this paragraph shall | ||||||
15 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
16 | owned in whole or in part by another municipality.
| ||||||
17 | In the case of a pollution control facility for which a
| ||||||
18 | development permit was issued before November 12, 1981, if an | ||||||
19 | operating
permit has not been issued by the Agency prior to | ||||||
20 | August 31, 1989 for
any portion of the facility, then the | ||||||
21 | Agency may not issue or renew any
development permit nor issue | ||||||
22 | an original operating permit for any portion of
such facility | ||||||
23 | unless the applicant has submitted proof to the Agency that the
| ||||||
24 | location of the facility has been approved by the appropriate | ||||||
25 | county board or
municipal governing body pursuant to Section | ||||||
26 | 39.2 of this Act.
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1 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
2 | any portion for which an operating permit has been issued by
| ||||||
3 | the Agency, has not accepted waste disposal for 5 or more | ||||||
4 | consecutive calendars
years, before that facility may accept | ||||||
5 | any new or additional waste for
disposal, the owner and | ||||||
6 | operator must obtain a new operating permit under this
Act for | ||||||
7 | that facility unless the owner and operator have applied to the | ||||||
8 | Agency
for a permit authorizing the temporary suspension of | ||||||
9 | waste acceptance. The
Agency may not issue a new operation | ||||||
10 | permit under this Act for the facility
unless the applicant has | ||||||
11 | submitted proof to the Agency that the location of the
facility | ||||||
12 | has been approved or re-approved by the appropriate county | ||||||
13 | board or
municipal governing body under Section 39.2 of this | ||||||
14 | Act after the facility
ceased accepting waste.
| ||||||
15 | Except for those facilities owned or operated by sanitary | ||||||
16 | districts
organized under the Metropolitan Water Reclamation | ||||||
17 | District Act, and
except for new pollution control facilities | ||||||
18 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
19 | facilities, the granting of a permit under
this Act shall not | ||||||
20 | relieve the applicant from meeting and securing all
necessary | ||||||
21 | zoning approvals from the unit of government having zoning
| ||||||
22 | jurisdiction over the proposed facility.
| ||||||
23 | Before beginning construction on any new sewage treatment | ||||||
24 | plant or sludge
drying site to be owned or operated by a | ||||||
25 | sanitary district organized under
the Metropolitan Water | ||||||
26 | Reclamation District Act for which a new
permit (rather than |
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| |||||||
1 | the renewal or amendment of an existing permit) is
required, | ||||||
2 | such sanitary district shall hold a public hearing within the
| ||||||
3 | municipality within which the proposed facility is to be | ||||||
4 | located, or within the
nearest community if the proposed | ||||||
5 | facility is to be located within an
unincorporated area, at | ||||||
6 | which information concerning the proposed facility
shall be | ||||||
7 | made available to the public, and members of the public shall | ||||||
8 | be given
the opportunity to express their views concerning the | ||||||
9 | proposed facility.
| ||||||
10 | The Agency may issue a permit for a municipal waste | ||||||
11 | transfer station
without requiring approval pursuant to | ||||||
12 | Section 39.2 provided that the following
demonstration is made:
| ||||||
13 | (1) the municipal waste transfer station was in | ||||||
14 | existence on or before
January 1, 1979 and was in | ||||||
15 | continuous operation from January 1, 1979 to January
1, | ||||||
16 | 1993;
| ||||||
17 | (2) the operator submitted a permit application to the | ||||||
18 | Agency to develop
and operate the municipal waste transfer | ||||||
19 | station during April of 1994;
| ||||||
20 | (3) the operator can demonstrate that the county board | ||||||
21 | of the county, if
the municipal waste transfer station is | ||||||
22 | in an unincorporated area, or the
governing body of the | ||||||
23 | municipality, if the station is in an incorporated area,
| ||||||
24 | does not object to resumption of the operation of the | ||||||
25 | station; and
| ||||||
26 | (4) the site has local zoning approval.
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| |||||||
1 | (d) The Agency may issue RCRA permits exclusively under | ||||||
2 | this
subsection to persons owning or operating a facility for | ||||||
3 | the treatment,
storage, or disposal of hazardous waste as | ||||||
4 | defined under this Act.
| ||||||
5 | All RCRA permits shall contain those terms and conditions, | ||||||
6 | including but
not limited to schedules of compliance, which may | ||||||
7 | be required to accomplish
the purposes and provisions of this | ||||||
8 | Act. The Agency may include among such
conditions standards and | ||||||
9 | other requirements established under this Act,
Board | ||||||
10 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
11 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
12 | and may include
schedules for achieving compliance therewith as | ||||||
13 | soon as possible. The
Agency shall require that a performance | ||||||
14 | bond or other security be provided
as a condition for the | ||||||
15 | issuance of a RCRA permit.
| ||||||
16 | In the case of a permit to operate a hazardous waste or PCB | ||||||
17 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
18 | Agency shall require, as a
condition of the permit, that the | ||||||
19 | operator of the facility perform such
analyses of the waste to | ||||||
20 | be incinerated as may be necessary and appropriate
to ensure | ||||||
21 | the safe operation of the incinerator.
| ||||||
22 | The Agency shall adopt filing requirements and procedures | ||||||
23 | which
are necessary and appropriate for the issuance of RCRA | ||||||
24 | permits, and which
are consistent with the Act or regulations | ||||||
25 | adopted by the Board, and with
the Resource Conservation and | ||||||
26 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
| |||||||
| |||||||
1 | pursuant thereto.
| ||||||
2 | The applicant shall make available to the public for | ||||||
3 | inspection all
documents submitted by the applicant to the | ||||||
4 | Agency in furtherance
of an application, with the exception of | ||||||
5 | trade secrets, at the office of
the county board or governing | ||||||
6 | body of the municipality. Such documents
may be copied upon | ||||||
7 | payment of the actual cost of reproduction during regular
| ||||||
8 | business hours of the local office. The Agency shall issue a | ||||||
9 | written statement
concurrent with its grant or denial of the | ||||||
10 | permit explaining the basis for its
decision.
| ||||||
11 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
12 | subsection to persons owning or operating a facility for the | ||||||
13 | underground
injection of contaminants as defined under this | ||||||
14 | Act.
| ||||||
15 | All UIC permits shall contain those terms and conditions, | ||||||
16 | including but
not limited to schedules of compliance, which may | ||||||
17 | be required to accomplish
the purposes and provisions of this | ||||||
18 | Act. The Agency may include among such
conditions standards and | ||||||
19 | other requirements established under this Act,
Board | ||||||
20 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
21 | amended,
and regulations pursuant thereto, and may include | ||||||
22 | schedules for achieving
compliance therewith. The Agency shall | ||||||
23 | require that a performance bond or
other security be provided | ||||||
24 | as a condition for the issuance of a UIC permit.
| ||||||
25 | The Agency shall adopt filing requirements and procedures | ||||||
26 | which
are necessary and appropriate for the issuance of UIC |
| |||||||
| |||||||
1 | permits, and which
are consistent with the Act or regulations | ||||||
2 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
3 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
4 | The applicant shall make available to the public for | ||||||
5 | inspection, all
documents submitted by the applicant to the | ||||||
6 | Agency in furtherance of an
application, with the exception of | ||||||
7 | trade secrets, at the office of the county
board or governing | ||||||
8 | body of the municipality. Such documents may be copied upon
| ||||||
9 | payment of the actual cost of reproduction during regular | ||||||
10 | business hours of the
local office. The Agency shall issue a | ||||||
11 | written statement concurrent with its
grant or denial of the | ||||||
12 | permit explaining the basis for its decision.
| ||||||
13 | (f) In making any determination pursuant to Section 9.1 of | ||||||
14 | this Act:
| ||||||
15 | (1) The Agency shall have authority to make the | ||||||
16 | determination of any
question required to be determined by | ||||||
17 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
18 | or the regulations of the Board, including the
| ||||||
19 | determination of the Lowest Achievable Emission Rate, | ||||||
20 | Maximum Achievable
Control Technology, or Best Available | ||||||
21 | Control Technology, consistent with the
Board's | ||||||
22 | regulations, if any.
| ||||||
23 | (2) The Agency shall, after conferring with the | ||||||
24 | applicant, give written
notice to the applicant of its | ||||||
25 | proposed decision on the application including
the terms | ||||||
26 | and conditions of the permit to be issued and the facts, |
| |||||||
| |||||||
1 | conduct
or other basis upon which the Agency will rely to | ||||||
2 | support its proposed action.
| ||||||
3 | (3) Following such notice, the Agency shall give the | ||||||
4 | applicant an
opportunity for a hearing in accordance with | ||||||
5 | the provisions of Sections
10-25 through 10-60 of the | ||||||
6 | Illinois Administrative Procedure Act.
| ||||||
7 | (g) The Agency shall include as conditions upon all permits | ||||||
8 | issued for
hazardous waste disposal sites such restrictions | ||||||
9 | upon the future use
of such sites as are reasonably necessary | ||||||
10 | to protect public health and
the environment, including | ||||||
11 | permanent prohibition of the use of such
sites for purposes | ||||||
12 | which may create an unreasonable risk of injury to human
health | ||||||
13 | or to the environment. After administrative and judicial | ||||||
14 | challenges
to such restrictions have been exhausted, the Agency | ||||||
15 | shall file such
restrictions of record in the Office of the | ||||||
16 | Recorder of the county in which
the hazardous waste disposal | ||||||
17 | site is located.
| ||||||
18 | (h) A hazardous waste stream may not be deposited in a | ||||||
19 | permitted hazardous
waste site unless specific authorization | ||||||
20 | is obtained from the Agency by the
generator and disposal site | ||||||
21 | owner and operator for the deposit of that specific
hazardous | ||||||
22 | waste stream. The Agency may grant specific authorization for
| ||||||
23 | disposal of hazardous waste streams only after the generator | ||||||
24 | has reasonably
demonstrated that, considering
technological | ||||||
25 | feasibility and economic reasonableness, the hazardous waste
| ||||||
26 | cannot be reasonably recycled for reuse, nor incinerated or |
| |||||||
| |||||||
1 | chemically,
physically or biologically treated so as to | ||||||
2 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
3 | granting authorization under this Section,
the Agency may | ||||||
4 | impose such conditions as may be necessary to accomplish
the | ||||||
5 | purposes of the Act and are consistent with this Act and | ||||||
6 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
7 | refuses to grant
authorization under this Section, the | ||||||
8 | applicant may appeal as if the Agency
refused to grant a | ||||||
9 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
10 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
11 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
12 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
13 | partially recycled
for reuse prior to disposal, in which case | ||||||
14 | the last person who treats,
incinerates, or partially recycles | ||||||
15 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
16 | the hazardous waste is from a response action, in which case
| ||||||
17 | the person performing the response action is the generator. | ||||||
18 | This subsection
(h) does not apply to any hazardous waste that | ||||||
19 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
20 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
21 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
22 | transfer station, waste treatment
facility, waste incinerator, | ||||||
23 | or any waste-transportation operation, or any permit or interim | ||||||
24 | authorization for a clean construction or demolition debris | ||||||
25 | fill operation, or any permit required under subsection (d-5) | ||||||
26 | of Section 55, the Agency
shall conduct an evaluation of the |
| |||||||
| |||||||
1 | prospective owner's or operator's prior
experience in waste | ||||||
2 | management operations , and clean construction or demolition | ||||||
3 | debris fill operations , and tire storage site management . The | ||||||
4 | Agency may deny such a permit, or deny or revoke interim | ||||||
5 | authorization,
if the prospective owner or operator or any | ||||||
6 | employee or officer of the
prospective owner or operator has a | ||||||
7 | history of:
| ||||||
8 | (1) repeated violations of federal, State, or local | ||||||
9 | laws, regulations,
standards, or ordinances in the | ||||||
10 | operation of waste management facilities or
sites , or clean | ||||||
11 | construction or demolition debris fill operation | ||||||
12 | facilities or sites , or tire storage sites ; or
| ||||||
13 | (2) conviction in this or another State of any crime | ||||||
14 | which is a felony
under the laws of this State, or | ||||||
15 | conviction of a felony in a federal court; or conviction in | ||||||
16 | this or another state or federal court of any of the | ||||||
17 | following crimes: forgery, official misconduct, bribery, | ||||||
18 | perjury, or knowingly submitting false information under | ||||||
19 | any environmental law, regulation, or permit term or | ||||||
20 | condition; or
| ||||||
21 | (3) proof of gross carelessness or incompetence in | ||||||
22 | handling, storing,
processing, transporting or disposing | ||||||
23 | of waste , or clean construction or demolition debris , or | ||||||
24 | used or waste tires , or proof of gross carelessness or | ||||||
25 | incompetence in using clean construction or demolition | ||||||
26 | debris as fill.
|
| |||||||
| |||||||
1 | (i-5) Before issuing any permit or approving any interim | ||||||
2 | authorization for a clean construction or demolition debris | ||||||
3 | fill operation in which any ownership interest is transferred | ||||||
4 | between January 1, 2005, and the effective date of the | ||||||
5 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
6 | shall conduct an evaluation of the operation if any previous | ||||||
7 | activities at the site or facility may have caused or allowed | ||||||
8 | contamination of the site. It shall be the responsibility of | ||||||
9 | the owner or operator seeking the permit or interim | ||||||
10 | authorization to provide to the Agency all of the information | ||||||
11 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
12 | may deny a permit or interim authorization if previous | ||||||
13 | activities at the site may have caused or allowed contamination | ||||||
14 | at the site, unless such contamination is authorized under any | ||||||
15 | permit issued by the Agency.
| ||||||
16 | (j) The issuance under this Act of a permit to engage in | ||||||
17 | the surface mining
of any resources other than fossil fuels | ||||||
18 | shall not relieve
the permittee from its duty to comply with | ||||||
19 | any applicable local law regulating
the commencement, location | ||||||
20 | or operation of surface mining facilities.
| ||||||
21 | (k) A development permit issued under subsection (a) of | ||||||
22 | Section 39 for any
facility or site which is required to have a | ||||||
23 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
24 | end of 2 calendar years from the date upon which
it was issued, | ||||||
25 | unless within that period the applicant has taken action to
| ||||||
26 | develop the facility or the site. In the event that review of |
| |||||||
| |||||||
1 | the
conditions of the development permit is sought pursuant to | ||||||
2 | Section 40 or
41, or permittee is prevented from commencing | ||||||
3 | development of the facility
or site by any other litigation | ||||||
4 | beyond the permittee's control, such
two-year period shall be | ||||||
5 | deemed to begin on the date upon which such review
process or | ||||||
6 | litigation is concluded.
| ||||||
7 | (l) No permit shall be issued by the Agency under this Act | ||||||
8 | for
construction or operation of any facility or site located | ||||||
9 | within the
boundaries of any setback zone established pursuant | ||||||
10 | to this Act, where such
construction or operation is | ||||||
11 | prohibited.
| ||||||
12 | (m) The Agency may issue permits to persons owning or | ||||||
13 | operating
a facility for composting landscape waste. In | ||||||
14 | granting such permits, the Agency
may impose such conditions as | ||||||
15 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
16 | are not inconsistent with applicable regulations promulgated
| ||||||
17 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
18 | or other
security shall not be required as a condition for the | ||||||
19 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
20 | to this subsection, the Agency shall
transmit to the applicant | ||||||
21 | within the time limitations of this subsection
specific, | ||||||
22 | detailed statements as to the reasons the permit application | ||||||
23 | was
denied. Such statements shall include but not be limited to | ||||||
24 | the following:
| ||||||
25 | (1) the Sections of this Act that may be violated if | ||||||
26 | 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 |
| |||||||
| |||||||
1 | or the permitted composting area of which is
expanded after | ||||||
2 | November 17, 1991, the composting area is located at least | ||||||
3 | 1/8
mile from the nearest residence (other than a residence | ||||||
4 | located on the same
property as the facility);
| ||||||
5 | (4) the design of the facility will prevent any compost | ||||||
6 | material from
being placed within 5 feet of the water | ||||||
7 | table, will adequately control runoff
from the site, and | ||||||
8 | will collect and manage any leachate that is generated on
| ||||||
9 | the site;
| ||||||
10 | (5) the operation of the facility will include | ||||||
11 | appropriate dust
and odor control measures, limitations on | ||||||
12 | operating hours, appropriate
noise control measures for | ||||||
13 | shredding, chipping and similar equipment,
management | ||||||
14 | procedures for composting, containment and disposal of
| ||||||
15 | non-compostable wastes, procedures to be used for
| ||||||
16 | terminating operations at the site, and recordkeeping | ||||||
17 | sufficient to
document the amount of materials received, | ||||||
18 | composted and otherwise
disposed of; and
| ||||||
19 | (6) the operation will be conducted in accordance with | ||||||
20 | any applicable
rules adopted by the Board.
| ||||||
21 | The Agency shall issue renewable permits of not longer than | ||||||
22 | 10 years
in duration for the composting of landscape wastes, as | ||||||
23 | defined in Section
3.155 of this Act, based on the above | ||||||
24 | requirements.
| ||||||
25 | The operator of any facility permitted under this | ||||||
26 | subsection (m) must
submit a written annual statement to the |
| |||||||
| |||||||
1 | Agency on or before April 1 of
each year that includes an | ||||||
2 | estimate of the amount of material, in tons,
received for | ||||||
3 | composting.
| ||||||
4 | (n) The Agency shall issue permits jointly with the | ||||||
5 | Department of
Transportation for the dredging or deposit of | ||||||
6 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
7 | Rivers, Lakes, and Streams Act.
| ||||||
8 | (o) (Blank.)
| ||||||
9 | (p) (1) Any person submitting an application for a permit | ||||||
10 | for a new MSWLF
unit or for a lateral expansion under | ||||||
11 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
12 | unit that has not received and is not subject to local
siting | ||||||
13 | approval under Section 39.2 of this Act shall publish notice of | ||||||
14 | the
application in a newspaper of general circulation in the | ||||||
15 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
16 | The notice must be published at
least 15 days before submission | ||||||
17 | of the permit application to the Agency. The
notice shall state | ||||||
18 | the name and address of the applicant, the location of the
| ||||||
19 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
20 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
21 | proposed, the probable life of
the proposed activity, the date | ||||||
22 | the permit application will be submitted, and a
statement that | ||||||
23 | persons may file written comments with the Agency concerning | ||||||
24 | the
permit application within 30 days after the filing of the | ||||||
25 | permit application
unless the time period to submit comments is | ||||||
26 | extended by the Agency.
|
| |||||||
| |||||||
1 | When a permit applicant submits information to the Agency | ||||||
2 | to supplement a
permit application being reviewed by the | ||||||
3 | Agency, the applicant shall not be
required to reissue the | ||||||
4 | notice under this subsection.
| ||||||
5 | (2) The Agency shall accept written comments concerning the | ||||||
6 | permit
application that are postmarked no later than 30 days | ||||||
7 | after the
filing of the permit application, unless the time | ||||||
8 | period to accept comments is
extended by the Agency.
| ||||||
9 | (3) Each applicant for a permit described in part (1) of | ||||||
10 | this subsection
shall file a
copy of the permit application | ||||||
11 | with the county board or governing body of the
municipality in | ||||||
12 | which the MSWLF unit is or is proposed to be located at the
| ||||||
13 | same time the application is submitted to the Agency. The | ||||||
14 | permit application
filed with the county board or governing | ||||||
15 | body of the municipality shall include
all documents submitted | ||||||
16 | to or to be submitted to the Agency, except trade
secrets as | ||||||
17 | determined under Section 7.1 of this Act. The permit | ||||||
18 | application
and other documents on file with the county board | ||||||
19 | or governing body of the
municipality shall be made available | ||||||
20 | for public inspection during regular
business hours at the | ||||||
21 | office of the county board or the governing body of the
| ||||||
22 | municipality and may be copied upon payment of the actual cost | ||||||
23 | of
reproduction.
| ||||||
24 | (q) Within 6 months after the effective date of this | ||||||
25 | amendatory Act of the 97th General Assembly, the Agency, in | ||||||
26 | consultation with the regulated community, shall develop a web |
| |||||||
| |||||||
1 | portal to be posted on its website for the purpose of enhancing | ||||||
2 | review and promoting timely issuance of permits required by | ||||||
3 | this Act. At a minimum, the Agency shall make the following | ||||||
4 | information available on the web portal: | ||||||
5 | (1) Checklists and guidance relating to the completion | ||||||
6 | of permit applications, developed pursuant to subsection | ||||||
7 | (s) of this Section, which may include, but are not limited | ||||||
8 | to, existing instructions for completing the applications | ||||||
9 | and examples of complete applications. As the Agency | ||||||
10 | develops new checklists and develops guidance, it shall | ||||||
11 | supplement the web portal with those materials. | ||||||
12 | (2) Within 2 years after the effective date of this | ||||||
13 | amendatory Act of the 97th General Assembly, permit | ||||||
14 | application forms or portions of permit applications that | ||||||
15 | can be completed and saved electronically, and submitted to | ||||||
16 | the Agency electronically with digital signatures. | ||||||
17 | (3) Within 2 years after the effective date of this | ||||||
18 | amendatory Act of the 97th General Assembly, an online | ||||||
19 | tracking system where an applicant may review the status of | ||||||
20 | its pending application, including the name and contact | ||||||
21 | information of the permit analyst assigned to the | ||||||
22 | application. Until the online tracking system has been | ||||||
23 | developed, the Agency shall post on its website semi-annual | ||||||
24 | permitting efficiency tracking reports that include | ||||||
25 | statistics on the timeframes for Agency action on the | ||||||
26 | following types of permits received after the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 97th General Assembly: | ||||||
2 | air construction permits, new NPDES permits and associated | ||||||
3 | water construction permits, and modifications of major | ||||||
4 | NPDES permits and associated water construction permits. | ||||||
5 | The reports must be posted by February 1 and August 1 each | ||||||
6 | year and shall include: | ||||||
7 | (A) the number of applications received for each | ||||||
8 | type of permit, the number of applications on which the | ||||||
9 | Agency has taken action, and the number of applications | ||||||
10 | still pending; and | ||||||
11 | (B) for those applications where the Agency has not | ||||||
12 | taken action in accordance with the timeframes set | ||||||
13 | forth in this Act, the date the application was | ||||||
14 | received and the reasons for any delays, which may | ||||||
15 | include, but shall not be limited to, (i) the | ||||||
16 | application being inadequate or incomplete, (ii) | ||||||
17 | scientific or technical disagreements with the | ||||||
18 | applicant, USEPA, or other local, state, or federal | ||||||
19 | agencies involved in the permitting approval process, | ||||||
20 | (iii) public opposition to the permit, or (iv) Agency | ||||||
21 | staffing shortages. To the extent practicable, the | ||||||
22 | tracking report shall provide approximate dates when | ||||||
23 | cause for delay was identified by the Agency, when the | ||||||
24 | Agency informed the applicant of the problem leading to | ||||||
25 | the delay, and when the applicant remedied the reason | ||||||
26 | for the delay. |
| |||||||
| |||||||
1 | (r) Upon the request of the applicant, the Agency shall | ||||||
2 | notify the applicant of the permit analyst assigned to the | ||||||
3 | application upon its receipt. | ||||||
4 | (s) The Agency is authorized to prepare and distribute | ||||||
5 | guidance documents relating to its administration of this | ||||||
6 | Section and procedural rules implementing this Section. | ||||||
7 | Guidance documents prepared under this subsection shall not be | ||||||
8 | considered rules and shall not be subject to the Illinois | ||||||
9 | Administrative Procedure Act. Such guidance shall not be | ||||||
10 | binding on any party. | ||||||
11 | (t) Except as otherwise prohibited by federal law or | ||||||
12 | regulation, any person submitting an application for a permit | ||||||
13 | may include with the application suggested permit language for | ||||||
14 | Agency consideration. The Agency is not obligated to use the | ||||||
15 | suggested language or any portion thereof in its permitting | ||||||
16 | decision. If requested by the permit applicant, the Agency | ||||||
17 | shall meet with the applicant to discuss the suggested | ||||||
18 | language. | ||||||
19 | (u) If requested by the permit applicant, the Agency shall | ||||||
20 | provide the permit applicant with a copy of the draft permit | ||||||
21 | prior to any public review period. | ||||||
22 | (v) If requested by the permit applicant, the Agency shall | ||||||
23 | provide the permit applicant with a copy of the final permit | ||||||
24 | prior to its issuance. | ||||||
25 | (w) An air pollution permit shall not be required due to | ||||||
26 | emissions of greenhouse gases, as specified by Section 9.15 of |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (x) If, before the expiration of a State operating permit | ||||||
3 | that is issued pursuant to subsection (a) of this Section and | ||||||
4 | contains federally enforceable conditions limiting the | ||||||
5 | potential to emit of the source to a level below the major | ||||||
6 | source threshold for that source so as to exclude the source | ||||||
7 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
8 | complete application for the renewal of that permit, then all | ||||||
9 | of the terms and conditions of the permit shall remain in | ||||||
10 | effect until final administrative action has been taken on the | ||||||
11 | application for the renewal of the permit. | ||||||
12 | (Source: P.A. 97-95, eff. 7-12-11; 98-284, eff. 8-9-13.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
|