|
| | HB3819 Engrossed | | LRB099 11200 EFG 31726 b |
|
|
1 | | AN ACT concerning safety.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 39 as follows:
|
6 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
|
7 | | Sec. 39. Issuance of permits; procedures.
|
8 | | (a) When the Board has by regulation required a permit for
|
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
|
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
|
|
| | HB3819 Engrossed | - 2 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 3 - | LRB099 11200 EFG 31726 b |
|
|
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
|
|
| | HB3819 Engrossed | - 4 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 5 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 6 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 7 - | LRB099 11200 EFG 31726 b |
|
|
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.
|
|
| | HB3819 Engrossed | - 8 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 9 - | LRB099 11200 EFG 31726 b |
|
|
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.
|
|
| | HB3819 Engrossed | - 10 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 11 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 12 - | LRB099 11200 EFG 31726 b |
|
|
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, |
|
| | HB3819 Engrossed | - 13 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 14 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 15 - | LRB099 11200 EFG 31726 b |
|
|
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.
|
|
| | HB3819 Engrossed | - 16 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 17 - | LRB099 11200 EFG 31726 b |
|
|
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;
|
|
| | HB3819 Engrossed | - 18 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 19 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 20 - | LRB099 11200 EFG 31726 b |
|
|
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.
|
|
| | HB3819 Engrossed | - 21 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 22 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 23 - | LRB099 11200 EFG 31726 b |
|
|
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. |
|
| | HB3819 Engrossed | - 24 - | LRB099 11200 EFG 31726 b |
|
|
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 |
|
| | HB3819 Engrossed | - 25 - | LRB099 11200 EFG 31726 b |
|
|
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 10. The Uniform Environmental Covenants Act is |
14 | | amended by changing Sections 2 and 11 as follows: |
15 | | (765 ILCS 122/2)
|
16 | | Sec. 2. Definitions. In this Act: |
17 | | (1) "Activity and use limitations" means restrictions or |
18 | | obligations created under this Act with respect to real |
19 | | property.
|
20 | | (2) "Agency" means the Illinois Environmental Protection |
21 | | Agency or any other State or federal agency that determines or |
22 | | approves the environmental response project pursuant to which |
23 | | the environmental covenant is created. |
24 | | "Board" means the Pollution Control Board established by |
|
| | HB3819 Engrossed | - 26 - | LRB099 11200 EFG 31726 b |
|
|
1 | | the Environmental Protection Act. |
2 | | (3) "Common interest community" means a condominium, |
3 | | cooperative, or other real property with respect to which a |
4 | | person, by virtue of the person's ownership of a parcel of real |
5 | | property, is obligated to pay property taxes or insurance |
6 | | premiums, or for maintenance, or improvement of other real |
7 | | property described in a recorded covenant that creates the |
8 | | common interest community. |
9 | | (4) "Environmental covenant" means a servitude that (i) |
10 | | arises arising under an environmental response project or under |
11 | | a court or Board order and (ii) that imposes activity and use |
12 | | limitations. |
13 | | (5) "Environmental response project" means a plan or work |
14 | | that is: |
15 | | (1) approved or overseen by an agency; and |
16 | | (2) performed for environmental remediation of any |
17 | | site or facility in response to contamination at any one or |
18 | | more of real property at the following sites or facilities: |
19 | | (A) all sites or facilities that are listed as |
20 | | proposed or final on the National Priorities List |
21 | | pursuant to Section 105 of the Comprehensive |
22 | | Environmental Response, Compensation and Liability Act |
23 | | of 1980, as amended (42 U.S.C. 9601 et seq.); |
24 | | (B) all sites or facilities undergoing remediation |
25 | | pursuant to an administrative order issued pursuant to |
26 | | Section 106 of the Comprehensive Environmental |
|
| | HB3819 Engrossed | - 27 - | LRB099 11200 EFG 31726 b |
|
|
1 | | Response, Compensation and Liability Act of 1980, as |
2 | | amended (42 U.S.C. 9601 et seq.); |
3 | | (C) all sites or facilities that are or were |
4 | | formerly owned or operated by a department, agency, or |
5 | | instrumentality of the United States that are |
6 | | undergoing remediation pursuant to Section 120 of the |
7 | | Comprehensive Environmental Response, Compensation and |
8 | | Liability Act of 1980, as amended (42 U.S.C. 9601 et |
9 | | seq.); |
10 | | (D) all sites or facilities undergoing remediation |
11 | | pursuant to a settlement agreement pursuant to Section |
12 | | 122 of the Comprehensive Environmental Response, |
13 | | Compensation and Liability Act of 1980, as amended (42 |
14 | | U.S.C. 9601 et seq.); |
15 | | (E) all sites or facilities undergoing remediation |
16 | | pursuant to Section 3008(h) of the Resource |
17 | | Conservation and Recovery Act of 1976 (42 U.S.C. 6901 |
18 | | et seq.); |
19 | | (F) all sites or facilities undergoing remediation |
20 | | pursuant to Section 7003 of the Resource Conservation |
21 | | and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); or |
22 | | (G) all sites or facilities undergoing remediation |
23 | | pursuant to a court or Board board order issued |
24 | | pursuant to the Illinois Environmental Protection Act |
25 | | (415 ILCS 5/1 et seq.) with the approval of the Agency ; |
26 | | or . |
|
| | HB3819 Engrossed | - 28 - | LRB099 11200 EFG 31726 b |
|
|
1 | | (H) sites or facilities undergoing remediation |
2 | | pursuant to a Compliance Commitment Agreement entered |
3 | | into under Section 31 of the Environmental Protection |
4 | | Act. |
5 | | (6) "Holder" means the grantee of an environmental covenant |
6 | | as specified in Section 3(a). |
7 | | (7) "Person" means an individual, corporation, business |
8 | | trust, estate, trust, partnership, limited liability company, |
9 | | association, joint venture, public corporation, government, |
10 | | governmental subdivision, agency, or instrumentality, or any |
11 | | other legal or commercial entity. |
12 | | (8) "Prior interest" means a preceding or senior interest, |
13 | | in time or in right, that is recorded with respect to the real |
14 | | property, including but not limited to a mortgage, easement, or |
15 | | other interest, lien, or encumbrance predating the recording of |
16 | | an environmental covenant. |
17 | | (9) "Record", used as a noun, means information that is |
18 | | inscribed on a tangible medium or that is stored in an |
19 | | electronic or other medium and is retrievable in perceivable |
20 | | form. |
21 | | (10) "State" means a state of the United States, the |
22 | | District of Columbia, Puerto Rico, the United States Virgin |
23 | | Islands, or any territory or insular possession subject to the |
24 | | jurisdiction of the United States.
|
25 | | (Source: P.A. 95-845, eff. 1-1-09.) |
|
| | HB3819 Engrossed | - 29 - | LRB099 11200 EFG 31726 b |
|
|
1 | | (765 ILCS 122/11)
|
2 | | Sec. 11. Enforcement of environmental covenant. |
3 | | (a) A civil action for injunctive or other equitable relief |
4 | | for violation of an environmental covenant may be maintained |
5 | | by: |
6 | | (1) A party to the covenant. |
7 | | (2) The agency or, if it is not the agency, the |
8 | | Illinois Environmental Protection Agency. |
9 | | (3) Any person to whom the covenant expressly grants |
10 | | power to enforce. |
11 | | (4) A person whose interest in the real property or |
12 | | whose collateral or liability may be affected by the |
13 | | alleged violation of the covenant. |
14 | | (5) A municipality or other unit of local government in |
15 | | which the real property subject to the covenant is located. |
16 | | (6) Any agency that is enforcing the terms of any court |
17 | | or Board order. |
18 | | (b) This Act does not limit the regulatory authority of the |
19 | | agency or the Illinois Environmental Protection Agency under |
20 | | law other than this Act with respect to an environmental |
21 | | response project. |
22 | | (c) A person is not responsible for or subject to liability |
23 | | for environmental remediation solely because it has the right |
24 | | to enforce an environmental covenant.
|
25 | | (Source: P.A. 95-845, eff. 1-1-09.)
|
26 | | Section 99. Effective date. This Act takes effect upon |