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90_HB1541
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
Amends the Environmental Protection Act to require a new
pollution control facility intended for the storage,
treatment, or disposal of hazardous waste to undergo local
siting review by every municipality (other than Chicago)
located within 5 miles of the proposed site. Effective
immediately.
LRB9004179DPcc
LRB9004179DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 39 and 39.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 39 and 39.2 as follows:
7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
8 Sec. 39. Issuance of permits; procedures.
9 (a) When the Board has by regulation required a permit
10 for the construction, installation, or operation of any type
11 of facility, equipment, vehicle, vessel, or aircraft, the
12 applicant shall apply to the Agency for such permit and it
13 shall be the duty of the Agency to issue such a permit upon
14 proof by the applicant that the facility, equipment, vehicle,
15 vessel, or aircraft will not cause a violation of this Act or
16 of regulations hereunder. The Agency shall adopt such
17 procedures as are necessary to carry out its duties under
18 this Section. In granting permits the Agency may impose such
19 conditions as may be necessary to accomplish the purposes of
20 this Act, and as are not inconsistent with the regulations
21 promulgated by the Board hereunder. Except as otherwise
22 provided in this Act, a bond or other security shall not be
23 required as a condition for the issuance of a permit. If the
24 Agency denies any permit under this Section, the Agency shall
25 transmit to the applicant within the time limitations of this
26 Section specific, detailed statements as to the reasons the
27 permit application was denied. Such statements shall
28 include, but not be limited to the following:
29 (i) the Sections of this Act which may be violated
30 if the permit were granted;
31 (ii) the provision of the regulations, promulgated
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1 under this Act, which may be violated if the permit were
2 granted;
3 (iii) the specific type of information, if any,
4 which the Agency deems the applicant did not provide the
5 Agency; and
6 (iv) a statement of specific reasons why the Act
7 and the regulations might not be met if the permit were
8 granted.
9 If there is no final action by the Agency within 90 days
10 after the filing of the application for permit, the applicant
11 may deem the permit issued; except that this time period
12 shall be extended to 180 days when (1) notice and
13 opportunity for public hearing are required by State or
14 federal law or regulation, (2) the application which was
15 filed is for any permit to develop a landfill subject to
16 issuance pursuant to this subsection, or (3) the application
17 that was filed is for a MSWLF unit required to issue public
18 notice under subsection (p) of Section 39.
19 The Agency shall publish notice of all final permit
20 determinations for development permits for MSWLF units and
21 for significant permit modifications for lateral expansions
22 for existing MSWLF units one time in a newspaper of general
23 circulation in the county in which the unit is or is proposed
24 to be located.
25 After January 1, 1994, operating permits issued under
26 this Section by the Agency for sources of air pollution
27 permitted to emit less than 25 tons per year of any
28 combination of regulated air pollutants, as defined in
29 Section 39.5 of this Act, shall be required to be renewed
30 only upon written request by the Agency consistent with
31 applicable provisions of this Act and regulations promulgated
32 hereunder. Such operating permits shall expire 180 days
33 after the date of such a request. The Board shall revise its
34 regulations for the existing State air pollution operating
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1 permit program consistent with this provision by January 1,
2 1994.
3 (b) The Agency may issue NPDES permits exclusively under
4 this subsection for the discharge of contaminants from point
5 sources into navigable waters, all as defined in the Federal
6 Water Pollution Control Act, as now or hereafter amended,
7 within the jurisdiction of the State, or into any well.
8 All NPDES permits shall contain those terms and
9 conditions, including but not limited to schedules of
10 compliance, which may be required to accomplish the purposes
11 and provisions of this Act.
12 The Agency may issue general NPDES permits for discharges
13 from categories of point sources which are subject to the
14 same permit limitations and conditions. Such general permits
15 may be issued without individual applications and shall
16 conform to regulations promulgated under Section 402 of the
17 Federal Water Pollution Control Act, as now or hereafter
18 amended.
19 The Agency may include, among such conditions, effluent
20 limitations and other requirements established under this
21 Act, Board regulations, the Federal Water Pollution Control
22 Act, as now or hereafter amended, and regulations pursuant
23 thereto, and schedules for achieving compliance therewith at
24 the earliest reasonable date.
25 The Agency shall adopt filing requirements and procedures
26 which are necessary and appropriate for the issuance of NPDES
27 permits, and which are consistent with the Act or regulations
28 adopted by the Board, and with the Federal Water Pollution
29 Control Act, as now or hereafter amended, and regulations
30 pursuant thereto.
31 The Agency, subject to any conditions which may be
32 prescribed by Board regulations, may issue NPDES permits to
33 allow discharges beyond deadlines established by this Act or
34 by regulations of the Board without the requirement of a
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1 variance, subject to the Federal Water Pollution Control Act,
2 as now or hereafter amended, and regulations pursuant
3 thereto.
4 (c) Except for those facilities owned or operated by
5 sanitary districts organized under the Metropolitan Water
6 Reclamation District Act, no permit for the development or
7 construction of a new pollution control facility may be
8 granted by the Agency unless the applicant submits proof to
9 the Agency that the location of the facility has been
10 approved by the County Board of the county if in an
11 unincorporated area, or the governing body of the
12 municipality when in an incorporated area, in which the
13 facility is to be located in accordance with Section 39.2 of
14 this Act.
15 Beginning August 20, 1993, if the pollution control
16 facility consists of a hazardous or solid waste disposal
17 facility for which the proposed site is located in an
18 unincorporated area of a county with a population of less
19 than 100,000 and includes all or a portion of a parcel of
20 land that was, on April 1, 1993, adjacent to a municipality
21 having a population of less than 5,000, then the local siting
22 review required under this subsection (c) in conjunction with
23 any permit applied for after that date shall be performed by
24 the governing body of that adjacent municipality rather than
25 the county board of the county in which the proposed site is
26 located; and for the purposes of that local siting review,
27 any references in this Act to the county board shall be
28 deemed to mean the governing body of that adjacent
29 municipality; provided, however, that the provisions of this
30 paragraph shall not apply to any proposed site which was, on
31 April 1, 1993, owned in whole or in part by another
32 municipality.
33 Beginning on the effective date of this amendatory Act of
34 1997, no permit may be issued by the Agency for the
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1 development, construction, or operation of a new pollution
2 control facility that is intended for the storage, treatment,
3 or disposal of hazardous waste unless the applicant submits
4 proof to the Agency that the proposed facility has received
5 local siting approval pursuant to Section 39.2 from the
6 governing body of every municipality (other than a city with
7 a population of more than 1,000,000) any part of which is
8 located within 5 miles of the perimeter of the site of the
9 proposed facility.
10 In the case of a pollution control facility for which a
11 development permit was issued before November 12, 1981, if an
12 operating permit has not been issued by the Agency prior to
13 August 31, 1989 for any portion of the facility, then the
14 Agency may not issue or renew any development permit nor
15 issue an original operating permit for any portion of such
16 facility unless the applicant has submitted proof to the
17 Agency that the location of the facility has been approved by
18 the appropriate county board or municipal governing body
19 pursuant to Section 39.2 of this Act.
20 After January 1, 1994, if a solid waste disposal
21 facility, any portion for which an operating permit has been
22 issued by the Agency, has not accepted waste disposal for 5
23 or more consecutive calendars years, before that facility may
24 accept any new or additional waste for disposal, the owner
25 and operator must obtain a new operating permit under this
26 Act for that facility unless the owner and operator have
27 applied to the Agency for a permit authorizing the temporary
28 suspension of waste acceptance. The Agency may not issue a
29 new operation permit under this Act for the facility unless
30 the applicant has submitted proof to the Agency that the
31 location of the facility has been approved or re-approved by
32 the appropriate county board or municipal governing body
33 under Section 39.2 of this Act after the facility ceased
34 accepting waste.
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1 Except for those facilities owned or operated by sanitary
2 districts organized under the Metropolitan Water Reclamation
3 District Act, and except for new pollution control facilities
4 governed by Section 39.2, and except for fossil fuel mining
5 facilities, the granting of a permit under this Act shall not
6 relieve the applicant from meeting and securing all necessary
7 zoning approvals from the unit of government having zoning
8 jurisdiction over the proposed facility.
9 Before beginning construction on any new sewage treatment
10 plant or sludge drying site to be owned or operated by a
11 sanitary district organized under the Metropolitan Water
12 Reclamation District Act for which a new permit (rather than
13 the renewal or amendment of an existing permit) is required,
14 such sanitary district shall hold a public hearing within the
15 municipality within which the proposed facility is to be
16 located, or within the nearest community if the proposed
17 facility is to be located within an unincorporated area, at
18 which information concerning the proposed facility shall be
19 made available to the public, and members of the public shall
20 be given the opportunity to express their views concerning
21 the proposed facility.
22 The Agency may issue a permit for a municipal waste
23 transfer station without requiring approval pursuant to
24 Section 39.2 provided that the following demonstration is
25 made:
26 (1) the municipal waste transfer station was in
27 existence on or before January 1, 1979 and was in
28 continuous operation from January 1, 1979 to January 1,
29 1993;
30 (2) the operator submitted a permit application to
31 the Agency to develop and operate the municipal waste
32 transfer station during April of 1994;
33 (3) the operator can demonstrate that the county
34 board of the county, if the municipal waste transfer
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1 station is in an unincorporated area, or the governing
2 body of the municipality, if the station is in an
3 incorporated area, does not object to resumption of the
4 operation of the station; and
5 (4) the site has local zoning approval.
6 (d) The Agency may issue RCRA permits exclusively under
7 this subsection to persons owning or operating a facility for
8 the treatment, storage, or disposal of hazardous waste as
9 defined under this Act.
10 All RCRA permits shall contain those terms and
11 conditions, including but not limited to schedules of
12 compliance, which may be required to accomplish the purposes
13 and provisions of this Act. The Agency may include among
14 such conditions standards and other requirements established
15 under this Act, Board regulations, the Resource Conservation
16 and Recovery Act of 1976 (P.L. 94-580), as amended, and
17 regulations pursuant thereto, and may include schedules for
18 achieving compliance therewith as soon as possible. The
19 Agency shall require that a performance bond or other
20 security be provided as a condition for the issuance of a
21 RCRA permit.
22 In the case of a permit to operate a hazardous waste or
23 PCB incinerator as defined in subsection (k) of Section 44,
24 the Agency shall require, as a condition of the permit, that
25 the operator of the facility perform such analyses of the
26 waste to be incinerated as may be necessary and appropriate
27 to ensure the safe operation of the incinerator.
28 The Agency shall adopt filing requirements and procedures
29 which are necessary and appropriate for the issuance of RCRA
30 permits, and which are consistent with the Act or regulations
31 adopted by the Board, and with the Resource Conservation and
32 Recovery Act of 1976 (P.L. 94-580), as amended, and
33 regulations pursuant thereto.
34 The applicant shall make available to the public for
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1 inspection all documents submitted by the applicant to the
2 Agency in furtherance of an application, with the exception
3 of trade secrets, at the office of the county board or
4 governing body of the municipality. Such documents may be
5 copied upon payment of the actual cost of reproduction during
6 regular business hours of the local office. The Agency shall
7 issue a written statement concurrent with its grant or denial
8 of the permit explaining the basis for its decision.
9 (e) The Agency may issue UIC permits exclusively under
10 this subsection to persons owning or operating a facility for
11 the underground injection of contaminants as defined under
12 this Act.
13 All UIC permits shall contain those terms and conditions,
14 including but not limited to schedules of compliance, which
15 may be required to accomplish the purposes and provisions of
16 this Act. The Agency may include among such conditions
17 standards and other requirements established under this Act,
18 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
19 as amended, and regulations pursuant thereto, and may include
20 schedules for achieving compliance therewith. The Agency
21 shall require that a performance bond or other security be
22 provided as a condition for the issuance of a UIC permit.
23 The Agency shall adopt filing requirements and procedures
24 which are necessary and appropriate for the issuance of UIC
25 permits, and which are consistent with the Act or regulations
26 adopted by the Board, and with the Safe Drinking Water Act
27 (P.L. 93-523), as amended, and regulations pursuant thereto.
28 The applicant shall make available to the public for
29 inspection, all documents submitted by the applicant to the
30 Agency in furtherance of an application, with the exception
31 of trade secrets, at the office of the county board or
32 governing body of the municipality. Such documents may be
33 copied upon payment of the actual cost of reproduction during
34 regular business hours of the local office. The Agency shall
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1 issue a written statement concurrent with its grant or denial
2 of the permit explaining the basis for its decision.
3 (f) In making any determination pursuant to Section 9.1
4 of this Act:
5 (1) The Agency shall have authority to make the
6 determination of any question required to be determined
7 by the Clean Air Act, as now or hereafter amended, this
8 Act, or the regulations of the Board, including the
9 determination of the Lowest Achievable Emission Rate,
10 Maximum Achievable Control Technology, or Best Available
11 Control Technology, consistent with the Board's
12 regulations, if any.
13 (2) The Agency shall, after conferring with the
14 applicant, give written notice to the applicant of its
15 proposed decision on the application including the terms
16 and conditions of the permit to be issued and the facts,
17 conduct or other basis upon which the Agency will rely to
18 support its proposed action.
19 (3) Following such notice, the Agency shall give
20 the applicant an opportunity for a hearing in accordance
21 with the provisions of Sections 10-25 through 10-60 of
22 the Illinois Administrative Procedure Act.
23 (g) The Agency shall include as conditions upon all
24 permits issued for hazardous waste disposal sites such
25 restrictions upon the future use of such sites as are
26 reasonably necessary to protect public health and the
27 environment, including permanent prohibition of the use of
28 such sites for purposes which may create an unreasonable risk
29 of injury to human health or to the environment. After
30 administrative and judicial challenges to such restrictions
31 have been exhausted, the Agency shall file such restrictions
32 of record in the Office of the Recorder of the county in
33 which the hazardous waste disposal site is located.
34 (h) A hazardous waste stream may not be deposited in a
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1 permitted hazardous waste site unless specific authorization
2 is obtained from the Agency by the generator and disposal
3 site owner and operator for the deposit of that specific
4 hazardous waste stream. The Agency may grant specific
5 authorization for disposal of hazardous waste streams only
6 after the generator has reasonably demonstrated that,
7 considering technological feasibility and economic
8 reasonableness, the hazardous waste cannot be reasonably
9 recycled for reuse, nor incinerated or chemically, physically
10 or biologically treated so as to neutralize the hazardous
11 waste and render it nonhazardous. In granting authorization
12 under this Section, the Agency may impose such conditions as
13 may be necessary to accomplish the purposes of the Act and
14 are consistent with this Act and regulations promulgated by
15 the Board hereunder. If the Agency refuses to grant
16 authorization under this Section, the applicant may appeal as
17 if the Agency refused to grant a permit, pursuant to the
18 provisions of subsection (a) of Section 40 of this Act. For
19 purposes of this subsection (h), the term "generator" has the
20 meaning given in Section 3.12 of this Act, unless: (1) the
21 hazardous waste is treated, incinerated, or partially
22 recycled for reuse prior to disposal, in which case the last
23 person who treats, incinerates, or partially recycles the
24 hazardous waste prior to disposal is the generator; or (2)
25 the hazardous waste is from a response action, in which case
26 the person performing the response action is the generator.
27 This subsection (h) does not apply to any hazardous waste
28 that is restricted from land disposal under 35 Ill. Adm. Code
29 728.
30 (i) Before issuing any RCRA permit or any permit for the
31 conduct of any waste-transportation or waste-disposal
32 operation, the Agency shall conduct an evaluation of the
33 prospective operator's prior experience in waste management
34 operations. The Agency may deny such a permit if the
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1 prospective operator or any employee or officer of the
2 prospective operator has a history of:
3 (1) repeated violations of federal, State, or local
4 laws, regulations, standards, or ordinances in the
5 operation of refuse disposal facilities or sites; or
6 (2) conviction in this or another State of any
7 crime which is a felony under the laws of this State, or
8 conviction of a felony in a federal court; or
9 (3) proof of gross carelessness or incompetence in
10 handling, storing, processing, transporting or disposing
11 of any hazardous waste.
12 (j) The issuance under this Act of a permit to engage in
13 the surface mining of any resources other than fossil fuels
14 shall not relieve the permittee from its duty to comply with
15 any applicable local law regulating the commencement,
16 location or operation of surface mining facilities.
17 (k) A development permit issued under subsection (a) of
18 Section 39 for any facility or site which is required to have
19 a permit under subsection (d) of Section 21 shall expire at
20 the end of 2 calendar years from the date upon which it was
21 issued, unless within that period the applicant has taken
22 action to develop the facility or the site. In the event that
23 review of the conditions of the development permit is sought
24 pursuant to Section 40 or 41, or permittee is prevented from
25 commencing development of the facility or site by any other
26 litigation beyond the permittee's control, such two-year
27 period shall be deemed to begin on the date upon which such
28 review process or litigation is concluded.
29 (l) No permit shall be issued by the Agency under this
30 Act for construction or operation of any facility or site
31 located within the boundaries of any setback zone established
32 pursuant to this Act, where such construction or operation is
33 prohibited.
34 (m) The Agency may issue permits to persons owning or
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1 operating a facility for composting landscape waste. In
2 granting such permits, the Agency may impose such conditions
3 as may be necessary to accomplish the purposes of this Act,
4 and as are not inconsistent with applicable regulations
5 promulgated by the Board. Except as otherwise provided in
6 this Act, a bond or other security shall not be required as a
7 condition for the issuance of a permit. If the Agency denies
8 any permit pursuant to this subsection, the Agency shall
9 transmit to the applicant within the time limitations of this
10 subsection specific, detailed statements as to the reasons
11 the permit application was denied. Such statements shall
12 include but not be limited to the following:
13 (1) the Sections of this Act that may be violated
14 if the permit were granted;
15 (2) the specific regulations promulgated pursuant
16 to this Act that may be violated if the permit were
17 granted;
18 (3) the specific information, if any, the Agency
19 deems the applicant did not provide in its application to
20 the Agency; and
21 (4) a statement of specific reasons why the Act and
22 the regulations might be violated if the permit were
23 granted.
24 If no final action is taken by the Agency within 90 days
25 after the filing of the application for permit, the applicant
26 may deem the permit issued. Any applicant for a permit may
27 waive the 90 day limitation by filing a written statement
28 with the Agency.
29 The Agency shall issue permits for such facilities upon
30 receipt of an application that includes a legal description
31 of the site, a topographic map of the site drawn to the scale
32 of 200 feet to the inch or larger, a description of the
33 operation, including the area served, an estimate of the
34 volume of materials to be processed, and documentation that:
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1 (1) the facility includes a setback of at least 200
2 feet from the nearest potable water supply well;
3 (2) the facility is located outside the boundary of
4 the 10-year floodplain or the site will be floodproofed;
5 (3) the facility is located so as to minimize
6 incompatibility with the character of the surrounding
7 area, including at least a 200 foot setback from any
8 residence, and in the case of a facility that is
9 developed or the permitted composting area of which is
10 expanded after November 17, 1991, the composting area is
11 located at least 1/8 mile from the nearest residence
12 (other than a residence located on the same property as
13 the facility);
14 (4) the design of the facility will prevent any
15 compost material from being placed within 5 feet of the
16 water table, will adequately control runoff from the
17 site, and will collect and manage any leachate that is
18 generated on the site;
19 (5) the operation of the facility will include
20 appropriate dust and odor control measures, limitations
21 on operating hours, appropriate noise control measures
22 for shredding, chipping and similar equipment, management
23 procedures for composting, containment and disposal of
24 non-compostable wastes, procedures to be used for
25 terminating operations at the site, and recordkeeping
26 sufficient to document the amount of materials received,
27 composted and otherwise disposed of; and
28 (6) the operation will be conducted in accordance
29 with any applicable rules adopted by the Board.
30 The Agency shall issue renewable permits of not longer
31 than 10 years in duration for the composting of landscape
32 wastes, as defined in Section 3.70 of this Act, based on the
33 above requirements.
34 The operator of any facility permitted under this
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1 subsection (m) must submit a written annual statement to the
2 Agency on or before April 1 of each year that includes an
3 estimate of the amount of material, in tons, received for
4 composting.
5 (n) The Agency shall issue permits jointly with the
6 Department of Transportation for the dredging or deposit of
7 material in Lake Michigan in accordance with Section 18 of
8 the Rivers, Lakes, and Streams Act.
9 (o) From September 4, 1990 until December 31, 1993, no
10 permit shall be issued by the Agency for the development or
11 construction of any new facility intended to be used for the
12 incineration of any hazardous waste. This subsection shall
13 not apply to facilities intended for use for combustion of
14 potentially infectious medical waste, for use as part of a
15 State or federally designated clean-up action, or for use
16 solely for the conduct of research and the development and
17 demonstration of technologies for the incineration of
18 hazardous waste.
19 (p) (1) Any person submitting an application for a
20 permit for a new MSWLF unit or for a lateral expansion under
21 subsection (t) of Section 21 of this Act for an existing
22 MSWLF unit that has not received and is not subject to local
23 siting approval under Section 39.2 of this Act shall publish
24 notice of the application in a newspaper of general
25 circulation in the county in which the MSWLF unit is or is
26 proposed to be located. The notice must be published at
27 least 15 days before submission of the permit application to
28 the Agency. The notice shall state the name and address of
29 the applicant, the location of the MSWLF unit or proposed
30 MSWLF unit, the nature and size of the MSWLF unit or proposed
31 MSWLF unit, the nature of the activity proposed, the probable
32 life of the proposed activity, the date the permit
33 application will be submitted, and a statement that persons
34 may file written comments with the Agency concerning the
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1 permit application within 30 days after the filing of the
2 permit application unless the time period to submit comments
3 is extended by the Agency.
4 When a permit applicant submits information to the Agency
5 to supplement a permit application being reviewed by the
6 Agency, the applicant shall not be required to reissue the
7 notice under this subsection.
8 (2) The Agency shall accept written comments concerning
9 the permit application that are postmarked no later then 30
10 days after the filing of the permit application, unless the
11 time period to accept comments is extended by the Agency.
12 (3) Each applicant for a permit described in part (1) of
13 this subsection shall file a copy of the permit application
14 with the county board or governing body of the municipality
15 in which the MSWLF unit is or is proposed to be located at
16 the same time the application is submitted to the Agency.
17 The permit application filed with the county board or
18 governing body of the municipality shall include all
19 documents submitted to or to be submitted to the Agency,
20 except trade secrets as determined under Section 7.1 of this
21 Act. The permit application and other documents on file with
22 the county board or governing body of the municipality shall
23 be made available for public inspection during regular
24 business hours at the office of the county board or the
25 governing body of the municipality and may be copied upon
26 payment of the actual cost of reproduction.
27 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
28 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
29 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
30 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
31 Sec. 39.2. Local siting approval.
32 (a) The county board of the county or the governing body
33 of the municipality, as determined by paragraph (c) of
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1 Section 39 of this Act, shall approve or disapprove the
2 request for local siting approval for each pollution control
3 facility which is subject to such review. An applicant for
4 local siting approval shall submit sufficient details
5 describing the proposed facility to demonstrate compliance,
6 and local siting approval shall be granted only if the
7 proposed facility meets the following criteria:
8 (i) the facility is necessary to accommodate the
9 waste needs of the area it is intended to serve;
10 (ii) the facility is so designed, located and
11 proposed to be operated that the public health, safety
12 and welfare will be protected;
13 (iii) the facility is located so as to minimize
14 incompatibility with the character of the surrounding
15 area and to minimize the effect on the value of the
16 surrounding property;
17 (iv) the facility is located outside the boundary
18 of the 100 year flood plain or the site is flood-proofed;
19 (v) the plan of operations for the facility is
20 designed to minimize the danger to the surrounding area
21 from fire, spills, or other operational accidents;
22 (vi) the traffic patterns to or from the facility
23 are so designed as to minimize the impact on existing
24 traffic flows;
25 (vii) if the facility will be treating, storing or
26 disposing of hazardous waste, an emergency response plan
27 exists for the facility which includes notification,
28 containment and evacuation procedures to be used in case
29 of an accidental release;
30 (viii) if the facility is to be located in a county
31 where the county board has adopted a solid waste
32 management plan consistent with the planning requirements
33 of the Local Solid Waste Disposal Act or the Solid Waste
34 Planning and Recycling Act, the facility is consistent
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1 with that plan; and
2 (ix) if the facility will be located within a
3 regulated recharge area, any applicable requirements
4 specified by the Board for such areas have been met.
5 The county board or the governing body of the
6 municipality may also consider as evidence the previous
7 operating experience and past record of convictions or
8 admissions of violations of the applicant (and any subsidiary
9 or parent corporation) in the field of solid waste management
10 when considering criteria (ii) and (v) under this Section.
11 (b) No later than 14 days prior to a request for
12 location approval the applicant shall cause written notice of
13 such request to be served either in person or by registered
14 mail, return receipt requested, on the owners of all property
15 within the subject area not solely owned by the applicant,
16 and on the owners of all property within 250 feet in each
17 direction of the lot line of the subject property, said
18 owners being such persons or entities which appear from the
19 authentic tax records of the County in which such facility is
20 to be located; provided, that the number of all feet occupied
21 by all public roads, streets, alleys and other public ways
22 shall be excluded in computing the 250 feet requirement;
23 provided further, that in no event shall this requirement
24 exceed 400 feet, including public streets, alleys and other
25 public ways.
26 Such written notice shall also be served upon members of
27 the General Assembly from the legislative district in which
28 the proposed facility is located and shall be published in a
29 newspaper of general circulation published in the county in
30 which the site is located.
31 Such notice shall state the name and address of the
32 applicant, the location of the proposed site, the nature and
33 size of the development, the nature of the activity proposed,
34 the probable life of the proposed activity, the date when the
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1 request for site approval will be submitted, and a
2 description of the right of persons to comment on such
3 request as hereafter provided.
4 (c) An applicant shall file a copy of its request with
5 the county board of the county or the governing body of the
6 municipality as provided in subsection (c) of Section 39 in
7 which the proposed site is located.
8 In the case of a facility that is required to receive
9 local siting approval from more than one municipality, all
10 requests for approval shall be filed with the appropriate
11 municipalities at the same time, and each request shall be
12 independently subject to the provisions of this Section and
13 Section 40.1.
14 The request shall include (i) the substance of the
15 applicant's proposal and (ii) all documents, if any,
16 submitted as of that date to the Agency pertaining to the
17 proposed facility, except trade secrets as determined under
18 Section 7.1 of this Act. All such documents or other
19 materials on file with the county board or governing body of
20 the municipality shall be made available for public
21 inspection at the office of the county board or the governing
22 body of the municipality and may be copied upon payment of
23 the actual cost of reproduction.
24 Any person may file written comment with the county board
25 or governing body of the municipality concerning the
26 appropriateness of the proposed site for its intended
27 purpose. The county board or governing body of the
28 municipality shall consider any comment received or
29 postmarked not later than 30 days after the date of the last
30 public hearing.
31 (d) At least one public hearing is to be held by the
32 county board or governing body of the municipality no sooner
33 than 90 days but no later than 120 days from receipt of the
34 request for site approval, such hearing to be preceded by
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1 published notice in a newspaper of general circulation
2 published in the county of the proposed site, and notice by
3 certified mail to all members of the General Assembly from
4 the district in which the proposed site is located, to the
5 governing authority of every municipality contiguous to the
6 proposed site or contiguous to the municipality in which the
7 proposed site is to be located, and to the Agency. The public
8 hearing shall develop a record sufficient to form the basis
9 of appeal of the decision in accordance with Section 40.1 of
10 this Act. The fact that a member of the county board or
11 governing body of the municipality has publicly expressed an
12 opinion on an issue related to a site review proceeding shall
13 not preclude the member from taking part in the proceeding
14 and voting on the issue.
15 (e) Decisions of the county board or governing body of
16 the municipality are to be in writing, specifying the reasons
17 for the decision, such reasons to be in conformance with
18 subsection (a) of this Section. In granting approval for a
19 site the county board or governing body of the municipality
20 may impose such conditions as may be reasonable and necessary
21 to accomplish the purposes of this Section and as are not
22 inconsistent with regulations promulgated by the Board. Such
23 decision shall be available for public inspection at the
24 office of the county board or governing body of the
25 municipality and may be copied upon payment of the actual
26 cost of reproduction. If there is no final action by the
27 county board or governing body of the municipality within 180
28 days after the filing of the request for site approval the
29 applicant may deem the request approved.
30 At any time prior to completion by the applicant of the
31 presentation of the applicant's factual evidence and an
32 opportunity for cross-questioning by the county board or
33 governing body of the municipality and any participants, the
34 applicant may file not more than one amended application upon
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1 payment of additional fees pursuant to subsection (k); in
2 which case the time limitation for final action set forth in
3 this subsection (e) shall be extended for an additional
4 period of 90 days.
5 (f) A local siting approval granted under this Section
6 shall expire at the end of 2 calendar years from the date
7 upon which it was granted, unless the local siting approval
8 granted under this Section is for a sanitary landfill
9 operation, in which case the approval shall expire at the end
10 of 3 calendar years from the date upon which it was granted,
11 and unless within that period the applicant has made
12 application to the Agency for a permit to develop the site.
13 In the event that the local siting decision has been
14 appealed, such expiration period shall be deemed to begin on
15 the date upon which the appeal process is concluded.
16 Except as otherwise provided in this subsection, upon the
17 expiration of a development permit under subsection (k) of
18 Section 39, any associated local siting approval granted for
19 the facility under this Section shall also expire.
20 If a first development permit for a municipal waste
21 incineration facility expires under subsection (k) of Section
22 39 after September 30, 1989 due to circumstances beyond the
23 control of the applicant, any associated local siting
24 approval granted for the facility under this Section may be
25 used to fulfill the local siting approval requirement upon
26 application for a second development permit for the same
27 site, provided that the proposal in the new application is
28 materially the same, with respect to the criteria in
29 subsection (a) of this Section, as the proposal that received
30 the original siting approval, and application for the second
31 development permit is made before January 1, 1990.
32 (g) The siting approval procedures, criteria and appeal
33 procedures provided for in this Act for new pollution control
34 facilities shall be the exclusive siting procedures and rules
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1 and appeal procedures for facilities subject to such
2 procedures. Local zoning or other local land use requirements
3 shall not be applicable to such siting decisions.
4 (h) Nothing in this Section shall apply to any existing
5 or new pollution control facility located within the
6 corporate limits of a municipality with a population of over
7 1,000,000.
8 (i) The Department shall make a study of technical
9 considerations relating to the siting of new pollution
10 control facilities. Such study shall include, but need not be
11 limited to, a determination of the geologic and hydrologic
12 conditions in the State most suitable for the siting of such
13 facilities, the establishment of a data base on such
14 conditions in Illinois, and recommendations for the
15 establishment of technical guidelines and criteria to be used
16 in making such siting decisions. The Department shall report
17 such study and recommendations to the General Assembly, the
18 Governor, the Board and the public no later than October 1,
19 1984.
20 The Board shall adopt regulations establishing the
21 geologic and hydrologic siting criteria necessary to protect
22 usable groundwater resources which are to be followed by the
23 Agency in its review of permit applications for new pollution
24 control facilities. Such regulations, insofar as they apply
25 to new pollution control facilities authorized to store,
26 treat or dispose of any hazardous waste, shall be at least as
27 stringent as the requirements of the Resource Conservation
28 and Recovery Act and any State or federal regulations adopted
29 pursuant thereto.
30 (j) Any new pollution control facility which has never
31 obtained local siting approval under the provisions of this
32 Section shall be required to obtain such approval after a
33 final decision on an appeal of a permit denial.
34 (k) A county board or governing body of a municipality
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1 may charge applicants for siting review under this Section a
2 reasonable fee to cover the reasonable and necessary costs
3 incurred by such county or municipality in the siting review
4 process.
5 (l) The governing Authority as determined by subsection
6 (c) of Section 39 of this Act may request the Department of
7 Transportation to perform traffic impact studies of proposed
8 or potential locations for required pollution control
9 facilities.
10 (m) An applicant may not file a request for local siting
11 approval which is substantially the same as a request which
12 was disapproved pursuant to a finding against the applicant
13 under any of criteria (i) through (ix) of subsection (a) of
14 this Section within the preceding 2 years.
15 (n) In any review proceeding of a decision of the county
16 board or governing body of a municipality made pursuant to
17 the local siting review process, the petitioner in the review
18 proceeding shall pay to the county or municipality the cost
19 of preparing and certifying the record of proceedings.
20 Should the petitioner in the review proceeding fail to make
21 payment, the provisions of Section 3-109 of the Code of Civil
22 Procedure shall apply.
23 In the event the petitioner is a citizens' group that
24 participated in the siting proceeding and is so located as to
25 be affected by the proposed facility, such petitioner shall
26 be exempt from paying the costs of preparing and certifying
27 the record.
28 (o) Notwithstanding any other provision of this Section,
29 a transfer station used exclusively for landscape waste,
30 where landscape waste is held no longer than 24 hours from
31 the time it was received, is not subject to the requirements
32 of local siting approval under this Section, but is subject
33 only to local zoning approval.
34 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
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1 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
2 8-9-96.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.