Sen. William R. Haine
Filed: 4/22/2004
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1 | AMENDMENT TO HOUSE BILL 5094
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2 | AMENDMENT NO. ______. Amend House Bill 5094 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 3.135 and 39 and by adding Section 9.14 as | ||||||
6 | follows:
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7 | (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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8 | Sec. 3.135. Coal combustion by-product; CCB.
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9 | (a) "Coal combustion
by-product" (CCB) means coal | ||||||
10 | combustion waste when used beneficially for any of
the | ||||||
11 | following purposes: | ||||||
12 | (1) The extraction or recovery of material compounds | ||||||
13 | contained within CCB.
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14 | (2) The use of CCB as a raw ingredient or mineral filler in | ||||||
15 | the
manufacture of the following commercial products: cement; | ||||||
16 | concrete and concrete mortars; cementious
concrete products
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17 | including block, pipe and precast/prestressed components; | ||||||
18 | asphalt or cementious
cement
based roofing products
shingles ; | ||||||
19 | plastic products including pipes and fittings; paints
and metal | ||||||
20 | alloys ; kiln fired products including bricks, blocks, and | ||||||
21 | tiles; abrasive media; gypsum wallboard; asphaltic concrete, | ||||||
22 | or asphalt based paving material . | ||||||
23 | (3) CCB used (A) in accordance
conformance with the | ||||||
24 | Illinois Department of Transportation ("IDOT") Standard
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1 | specifications and subsection 10 of this Section or (B)
and
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2 | under the
approval of the Department of Transportation for IDOT | ||||||
3 | projects .
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4 | (4) Bottom ash used as antiskid material, athletic tracks, | ||||||
5 | or foot paths.
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6 | (5) Use as a substitute for lime (CaO and MgO) in the lime
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7 | stablization or modification of
soils providing the CCB meets | ||||||
8 | the IDOT
Illinois Department of Transportation
("IDOT")
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9 | specifications for soil modifiers
byproduct limes .
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10 | (6) CCB used as a functionally equivalent substitute for | ||||||
11 | agricultural lime
as a soil conditioner.
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12 | (7) Bottom ash used in non-IDOT pavement sub-base or base, | ||||||
13 | pipe bedding, or foundation
backfill.
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14 | (8) Structural fill, when used in an engineered application | ||||||
15 | or combined
with cement, sand, or water to produce a controlled | ||||||
16 | strength fill material
and covered with 12 inches of soil | ||||||
17 | unless infiltration is prevented by the
material itself or | ||||||
18 | other cover material.
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19 | (9) Mine subsidence, mine fire control, mine sealing, and | ||||||
20 | mine reclamation.
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21 | (10) Except to the extent that the uses are in strict | ||||||
22 | accordance with the appropriate ASTM standard below or are | ||||||
23 | otherwise authorized by law
without such restrictions, uses | ||||||
24 | (a)(3)(A) and (a) (7) through (9) shall be subject to the
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25 | following conditions:
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26 | (A) CCB shall not have been mixed with hazardous waste | ||||||
27 | prior to use;
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28 | (B) CCB shall not exceed Class I Groundwater Standards | ||||||
29 | for the following parameters
metals when
tested utilizing | ||||||
30 | test method ASTM D3987-85 : arsenic, barium, boron, | ||||||
31 | cadmium, antimony, beryllium, chloride, chromium, cobalt, | ||||||
32 | copper, iron, lead, manganese, mercury, nickel, selenium, | ||||||
33 | silver, sulfate, thallium, phenol, and zinc. The sample or | ||||||
34 | samples tested shall be representative of the CCB being |
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1 | considered for use ;
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2 | (C) Unless otherwise exempted, users of CCB shall | ||||||
3 | provide notification
to the Agency for each project | ||||||
4 | utilizing CCB documenting the quantity of CCB
utilized and | ||||||
5 | certification of compliance with conditions (a)(10) (A) and | ||||||
6 | (B) of this Section .
Notification shall not be required for | ||||||
7 | pavement base, parking lot base, or
building base projects | ||||||
8 | utilizing less than 10,000 tons, flowable fill/grout
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9 | projects utilizing less than 1,000 cubic yards or other | ||||||
10 | applications utilizing
less than 100 tons;
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11 | (D) Fly ash shall be managed
applied in a manner that | ||||||
12 | minimizes the generation
of airborne particles and dust | ||||||
13 | using techniques such as moisture conditioning,
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14 | granulating, inground application, or other demonstrated | ||||||
15 | method; and
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16 | (E) CCB is not to be accumulated speculatively. CCB is | ||||||
17 | not accumulated
speculatively if during the calendar year, | ||||||
18 | the CCB used is equal to 75% of the
CCB by weight or volume | ||||||
19 | accumulated at the beginning of the period ; and
.
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20 | (F) CCB shall include any prescribed mixture of fly | ||||||
21 | ash, bottom ash, boiler slag, flue gas desulfurization | ||||||
22 | scrubber sludge, fluidized bed combustion ash, and stoker | ||||||
23 | boiler ash and will be tested as intended for use.
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24 | (b) To encourage and promote the utilization of CCB in | ||||||
25 | productive and beneficial
applications, upon request by the | ||||||
26 | applicant, the Agency shall
may make a written beneficial use | ||||||
27 | determinations
determination that coal-combustion
waste is CCB | ||||||
28 | when used in a manner other than those uses specified in | ||||||
29 | subsection (a) of
that specified in this Section if the | ||||||
30 | applicant demonstrates that use of the coal-combustion waste | ||||||
31 | satisfies all of the following criteria: the use will not | ||||||
32 | cause, threaten, or allow the discharge of any contaminants | ||||||
33 | into the environment; the use will otherwise protect human | ||||||
34 | health and safety and the environment; and the use constitutes |
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1 | a legitimate use of the coal-combustion waste as an ingredient | ||||||
2 | or raw material that is an effective substitute for an | ||||||
3 | analogous ingredient or raw material
if
the use has been shown | ||||||
4 | to have no adverse environmental impact greater than the
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5 | beneficial uses specified, in consultation with the Department | ||||||
6 | of Mines and
Minerals, the Illinois Clean Coal Institute, the | ||||||
7 | Department of Transportation,
and such other agencies as may be | ||||||
8 | appropriate .
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9 | The Agency's beneficial use determinations may allow the | ||||||
10 | uses set forth in subsections (a)(3)(A) and (a)(7) through (9) | ||||||
11 | of this Section without the CCB being subject to the | ||||||
12 | restrictions set forth in subsection (a)(10)(B) and (E) of this | ||||||
13 | Section.
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14 | Within 90 days after the receipt of an application for a | ||||||
15 | beneficial use determination under this subsection (b), the | ||||||
16 | Agency shall, in writing, approve, disapprove, or approve with | ||||||
17 | conditions the beneficial use. Any disapproval or approval with | ||||||
18 | conditions shall include the Agency's reasons for the | ||||||
19 | disapproval or conditions. Failure of the Agency to issue a | ||||||
20 | decision within 90 days shall constitute disapproval of the | ||||||
21 | beneficial use request. These beneficial use determinations | ||||||
22 | are subject to review under Section 40 of this Act.
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23 | Any approval of a beneficial use under this subsection (b) | ||||||
24 | shall become effective upon the date of the Agency's written | ||||||
25 | decision and remain in effect for a period of 5 years. If an | ||||||
26 | applicant desires to continue a beneficial use after the | ||||||
27 | expiration of the 5-year period, the applicant must submit a | ||||||
28 | new application and fee in accordance with this subsection (b). | ||||||
29 | Coal-combustion waste for which a beneficial use is | ||||||
30 | approved pursuant to this subsection (b) shall be considered | ||||||
31 | CCB during the effective period of the approval as long as it | ||||||
32 | is used in accordance with the approval and any conditions. | ||||||
33 | The Board shall adopt rules establishing standards and | ||||||
34 | procedures for the Agency's issuance of beneficial use |
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1 | determinations under this subsection (b). The Board rules may | ||||||
2 | also, but are not required to, include standards and procedures | ||||||
3 | for the revocation of the beneficial use determinations. Prior | ||||||
4 | to the effective date of Board rules adopted under this | ||||||
5 | subsection (b), the Agency is authorized to make beneficial use | ||||||
6 | determinations in accordance with this subsection (b). | ||||||
7 | The Agency is authorized to prepare and distribute guidance | ||||||
8 | documents relative to its administration of this Section. | ||||||
9 | Guidance documents prepared under this subsection are not rules | ||||||
10 | for the purposes of the Illinois Administrative Procedure Act.
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11 | (Source: P.A. 92-574, eff. 6-26-02.)
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12 | (415 ILCS 5/9.14 new) | ||||||
13 | Sec. 9.14. Streamlining permitting requirements. | ||||||
14 | (a) The General Assembly finds that existing air pollution | ||||||
15 | permitting requirements should be streamlined or reduced, | ||||||
16 | where: | ||||||
17 | (1) There is no threat to the public health or welfare | ||||||
18 | from the streamlining; and | ||||||
19 | (2) The streamlining is not inconsistent with federal | ||||||
20 | law, regulation, or policy. | ||||||
21 | (b) Streamlining under this Section includes, but is not | ||||||
22 | limited to: | ||||||
23 | (1) The adoption of additional permit exemptions for | ||||||
24 | categories and classes of emission units; | ||||||
25 | (2) The adoption of provisions for permits by rule for | ||||||
26 | certain categories of minor sources for which such an | ||||||
27 | approach could be effectively utilized; | ||||||
28 | (3) The adoption of provisions to facilitate the | ||||||
29 | utilization of General Permits for categories of sources in | ||||||
30 | which a significant number of similar sources exist and the | ||||||
31 | permits could be effectively utilized, which permits may | ||||||
32 | provide for the addition and replacement of certain | ||||||
33 | emission units; and |
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1 | (4) For certain types of new or modified emission units | ||||||
2 | in appropriate circumstances, and at the applicant's own | ||||||
3 | risk, the adoption of provisions allowing an applicant to | ||||||
4 | commence construction of a emission unit before a permit is | ||||||
5 | issued but after a complete permit application has been | ||||||
6 | submitted. | ||||||
7 | (c) Consistent with these findings, the Board shall examine | ||||||
8 | the current scope of State air pollution control permit | ||||||
9 | requirements with the objective of creating additional permit | ||||||
10 | exemptions and eliminating permit requirements for | ||||||
11 | insignificant activities and emission units. The Agency shall | ||||||
12 | propose before January 1, 2005, and the Board shall adopt, | ||||||
13 | pursuant to Sections 27 and 28 of this Act, revisions to its | ||||||
14 | regulations reflecting the results of the permit streamlining | ||||||
15 | efforts, consistent with subsections (a) and (b) of this | ||||||
16 | Section. Specifically, the Board's revisions shall include, | ||||||
17 | but not be limited to, the following: | ||||||
18 | (1) The simplification or elimination of the | ||||||
19 | requirements for construction permits to replace or add air | ||||||
20 | pollution control equipment for existing emission units in | ||||||
21 | circumstances where: | ||||||
22 | (A) The existing emission unit is permitted and has | ||||||
23 | operated in compliance for the past year; | ||||||
24 | (B) The new control equipment will provide equal or | ||||||
25 | better control of the target pollutants; | ||||||
26 | (C) The new control device will not be accompanied | ||||||
27 | by a net increase in emissions of any collateral | ||||||
28 | pollutant; | ||||||
29 | (D) New or different regulatory requirements will | ||||||
30 | not apply or potentially apply to the unit; and | ||||||
31 | (E) The new air pollution control equipment will be | ||||||
32 | equipped with the instrumentation and monitoring | ||||||
33 | devices that are typically installed on the new | ||||||
34 | equipment of such type. |
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1 | (2) For permitted sources that have federally | ||||||
2 | enforceable state operating permits limiting their | ||||||
3 | potential to emit, the simplification or elimination of the | ||||||
4 | requirement for permitting of a proposed new or modified | ||||||
5 | emission unit in circumstances where: | ||||||
6 | (A) The potential to emit any regulated air | ||||||
7 | pollutant in the absence of air pollution control | ||||||
8 | equipment from the emission unit is less than 0.1 pound | ||||||
9 | per hour or whatever higher rate the Board deems | ||||||
10 | appropriate; | ||||||
11 | (B) The raw materials and fuels used or present in | ||||||
12 | the emission unit that cause or contribute to | ||||||
13 | emissions, based on the information contained in | ||||||
14 | Material Safety Data Sheets for those materials, do not | ||||||
15 | contain any hazardous air pollutants as defined under | ||||||
16 | Section 112(b) of the federal Clean Air Act; | ||||||
17 | (C) The emission unit is not subject to an emission | ||||||
18 | standard or other regulatory requirement pursuant to | ||||||
19 | Section 111 of the federal Clean Air Act; | ||||||
20 | (D) Potential emissions of regulated air | ||||||
21 | pollutants from the emission unit will not, in | ||||||
22 | combination with emissions from existing units or | ||||||
23 | other proposed units, trigger permitting requirements | ||||||
24 | under Section 39.5, permitting requirements under | ||||||
25 | Sections 165 or 173 of the federal Clean Air Act, or | ||||||
26 | the requirement to obtain a revised federally | ||||||
27 | enforceable state operating permit limiting the | ||||||
28 | source's potential to emit; and | ||||||
29 | (E) The source is not currently the subject of a | ||||||
30 | written compliance inquiry or formal enforcement | ||||||
31 | action by the State of Illinois or USEPA related to the | ||||||
32 | emissions of the source. | ||||||
33 | (3) For permitted sources that that are not major | ||||||
34 | sources subject to Section 39.5 and that do not have a |
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1 | federally enforceable state operating permit limiting | ||||||
2 | their potential to emit, the simplification or elimination | ||||||
3 | of the requirement for permitting of proposed new or | ||||||
4 | modified emission units before their construction and | ||||||
5 | operation in circumstances where: | ||||||
6 | (A) The potential to emit any regulated air | ||||||
7 | pollutant in the absence of air pollution control | ||||||
8 | equipment from the emission unit is either: | ||||||
9 | (i) Less than 0.1 pound per hour or whatever | ||||||
10 | higher rate the Board deems appropriate; or | ||||||
11 | (ii) Less than 0.5 pound per hour, or whatever | ||||||
12 | higher rate the Board deems appropriate, and the | ||||||
13 | permittee provides prior notification to the | ||||||
14 | Agency of the intent to construct or install the | ||||||
15 | unit; | ||||||
16 | (B) The emission unit is not subject to an emission | ||||||
17 | standard or other regulatory requirement under Section | ||||||
18 | 111 or 112 of the federal Clean Air Act; | ||||||
19 | (C) Potential emissions of regulated air | ||||||
20 | pollutants from the emission unit will not, in | ||||||
21 | combination with the emissions from existing units or | ||||||
22 | other proposed units, trigger permitting requirements | ||||||
23 | under Section 39.5 or the requirement to obtain a | ||||||
24 | federally enforceable permit limiting the source's | ||||||
25 | potential to emit; and | ||||||
26 | (D) The source is not currently the subject of a | ||||||
27 | written compliance inquiry or formal enforcement | ||||||
28 | action by the State of Illinois or USEPA related to the | ||||||
29 | emissions of the source.
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30 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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31 | Sec. 39. Issuance of permits; procedures.
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32 | (a) When the Board has by regulation required a permit for
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33 | the construction, installation, or operation of any type of |
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1 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
2 | applicant shall apply to
the Agency for such permit and it | ||||||
3 | shall be the duty of the Agency to
issue such a permit upon | ||||||
4 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
5 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
6 | of regulations hereunder. The Agency shall adopt such
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7 | procedures as are necessary to carry out its duties under this | ||||||
8 | Section.
In making its determinations on permit applications | ||||||
9 | under this Section the Agency may consider prior adjudications | ||||||
10 | of
noncompliance with this Act by the applicant that involved a | ||||||
11 | release of a
contaminant into the environment. In granting | ||||||
12 | permits, the Agency
may impose reasonable conditions | ||||||
13 | specifically related to the applicant's past
compliance | ||||||
14 | history with this Act as necessary to correct, detect, or
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15 | prevent noncompliance. The Agency may impose such other | ||||||
16 | conditions
as may be necessary to accomplish the purposes of | ||||||
17 | this Act, and as are not
inconsistent with the regulations | ||||||
18 | promulgated by the Board hereunder. Except as
otherwise | ||||||
19 | provided in this Act, a bond or other security shall not be | ||||||
20 | required
as a condition for the issuance of a permit. If the | ||||||
21 | Agency denies any permit
under this Section, the Agency shall | ||||||
22 | transmit to the applicant within the time
limitations of this | ||||||
23 | Section specific, detailed statements as to the reasons the
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24 | permit application was denied. Such statements shall include, | ||||||
25 | but not be
limited to the following:
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26 | (i) the Sections of this Act which may be violated if | ||||||
27 | the permit
were granted;
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28 | (ii) the provision of the regulations, promulgated | ||||||
29 | under this Act,
which may be violated if the permit were | ||||||
30 | granted;
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31 | (iii) the specific type of information, if any, which | ||||||
32 | the Agency
deems the applicant did not provide the Agency; | ||||||
33 | and
| ||||||
34 | (iv) a statement of specific reasons why the Act and |
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1 | the regulations
might not be met if the permit were | ||||||
2 | granted.
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3 | If there is no final action by the Agency within 90 days | ||||||
4 | after the
filing of the application for permit, the applicant | ||||||
5 | may deem the permit
issued; except that this time period shall | ||||||
6 | be extended to 180 days when
(1) notice and opportunity for | ||||||
7 | public hearing are required by State or
federal law or | ||||||
8 | regulation, (2) the application which was filed is for
any | ||||||
9 | permit to develop a landfill subject to issuance pursuant to | ||||||
10 | this
subsection, or (3) the application that was filed is for a | ||||||
11 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
12 | of Section 39. The
90-day and 180-day time periods for the | ||||||
13 | Agency to take final action do not
apply to NPDES permit | ||||||
14 | applications under subsection (b) of this Section,
to RCRA | ||||||
15 | permit applications under subsection (d) of this Section, or
to | ||||||
16 | UIC permit applications under subsection (e) of this Section.
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17 | The Agency shall publish notice of all final permit | ||||||
18 | determinations for
development permits for MSWLF units and for | ||||||
19 | significant permit modifications
for lateral expansions for | ||||||
20 | existing MSWLF units one time in a newspaper of
general | ||||||
21 | circulation in the county in which the unit is or is proposed | ||||||
22 | to be
located.
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23 | After January 1, 1994 and until July 1, 1998, operating | ||||||
24 | permits issued under
this Section by the
Agency for sources of | ||||||
25 | air pollution permitted to emit less than 25 tons
per year of | ||||||
26 | any combination of regulated air pollutants, as defined in
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27 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
28 | upon written
request by the Agency consistent with applicable | ||||||
29 | provisions of this Act and
regulations promulgated hereunder. | ||||||
30 | Such operating permits shall expire
180 days after the date of | ||||||
31 | such a request. The Board shall revise its
regulations for the | ||||||
32 | existing State air pollution operating permit program
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33 | consistent with this provision by January 1, 1994.
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34 | After June 30, 1998, operating permits issued under this |
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1 | Section by the
Agency for sources of air pollution that are not | ||||||
2 | subject to Section 39.5 of
this Act and are not required to | ||||||
3 | have a federally enforceable State operating
permit shall be | ||||||
4 | required to be renewed only upon written request by the Agency
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5 | consistent with applicable provisions of this Act and its | ||||||
6 | rules. Such
operating permits shall expire 180 days after the | ||||||
7 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
8 | revise its rules for the existing State
air pollution operating | ||||||
9 | permit program consistent with this paragraph and shall
adopt | ||||||
10 | rules that require a source to demonstrate that it qualifies | ||||||
11 | for a permit
under this paragraph.
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12 | (b) The Agency may issue NPDES permits exclusively under | ||||||
13 | this
subsection for the discharge of contaminants from point | ||||||
14 | sources into
navigable waters, all as defined in the Federal | ||||||
15 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
16 | within the jurisdiction of the
State, or into any well.
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17 | All NPDES permits shall contain those terms and conditions, | ||||||
18 | including
but not limited to schedules of compliance, which may | ||||||
19 | be required to
accomplish the purposes and provisions of this | ||||||
20 | Act.
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21 | The Agency may issue general NPDES permits for discharges | ||||||
22 | from categories
of point sources which are subject to the same | ||||||
23 | permit limitations and
conditions. Such general permits may be | ||||||
24 | issued without individual
applications and shall conform to | ||||||
25 | regulations promulgated under Section 402
of the Federal Water | ||||||
26 | Pollution Control Act, as now or hereafter amended.
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27 | The Agency may include, among such conditions, effluent | ||||||
28 | limitations
and other requirements established under this Act, | ||||||
29 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
30 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
31 | schedules for achieving compliance
therewith at the earliest | ||||||
32 | reasonable date.
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33 | The Agency shall adopt filing requirements and procedures | ||||||
34 | which are
necessary and appropriate for the issuance of NPDES |
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1 | permits, and which
are consistent with the Act or regulations | ||||||
2 | adopted by the Board, and
with the Federal Water Pollution | ||||||
3 | Control Act, as now or hereafter
amended, and regulations | ||||||
4 | pursuant thereto.
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5 | The Agency, subject to any conditions which may be | ||||||
6 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
7 | allow discharges beyond
deadlines established by this Act or by | ||||||
8 | regulations of the Board without
the requirement of a variance, | ||||||
9 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
10 | hereafter amended, and regulations pursuant thereto.
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11 | (c) Except for those facilities owned or operated by | ||||||
12 | sanitary districts
organized under the Metropolitan Water | ||||||
13 | Reclamation District Act, no
permit for the development or | ||||||
14 | construction of a new pollution control
facility may be granted | ||||||
15 | by the Agency unless the applicant submits proof to the
Agency | ||||||
16 | that the location of the facility has been approved by the | ||||||
17 | County Board
of the county if in an unincorporated area, or the | ||||||
18 | governing body of the
municipality when in an incorporated | ||||||
19 | area, in which the facility is to be
located in accordance with | ||||||
20 | Section 39.2 of this Act.
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21 | In the event that siting approval granted pursuant to | ||||||
22 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
23 | operator, that subsequent owner or
operator may apply to the | ||||||
24 | Agency for, and the Agency may grant, a development
or | ||||||
25 | construction permit for the facility for which local siting | ||||||
26 | approval was
granted. Upon application to the Agency for a | ||||||
27 | development or
construction permit by that subsequent owner or | ||||||
28 | operator,
the permit applicant shall cause written notice of | ||||||
29 | the permit application
to be served upon the appropriate county | ||||||
30 | board or governing body of the
municipality that granted siting | ||||||
31 | approval for that facility and upon any party
to the siting | ||||||
32 | proceeding pursuant to which siting approval was granted. In
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33 | that event, the Agency shall conduct an evaluation of the | ||||||
34 | subsequent owner or
operator's prior experience in waste |
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1 | management operations in the manner
conducted under subsection | ||||||
2 | (i) of Section 39 of this Act.
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3 | Beginning August 20, 1993, if the pollution control | ||||||
4 | facility consists of a
hazardous or solid waste disposal | ||||||
5 | facility for which the proposed site is
located in an | ||||||
6 | unincorporated area of a county with a population of less than
| ||||||
7 | 100,000 and includes all or a portion of a parcel of land that | ||||||
8 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
9 | population of less than 5,000, then
the local siting review | ||||||
10 | required under this subsection (c) in conjunction with
any | ||||||
11 | permit applied for after that date shall be performed by the | ||||||
12 | governing body
of that adjacent municipality rather than the | ||||||
13 | county board of the county in
which the proposed site is | ||||||
14 | located; and for the purposes of that local siting
review, any | ||||||
15 | references in this Act to the county board shall be deemed to | ||||||
16 | mean
the governing body of that adjacent municipality; | ||||||
17 | provided, however, that the
provisions of this paragraph shall | ||||||
18 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
19 | owned in whole or in part by another municipality.
| ||||||
20 | In the case of a pollution control facility for which a
| ||||||
21 | development permit was issued before November 12, 1981, if an | ||||||
22 | operating
permit has not been issued by the Agency prior to | ||||||
23 | August 31, 1989 for
any portion of the facility, then the | ||||||
24 | Agency may not issue or renew any
development permit nor issue | ||||||
25 | an original operating permit for any portion of
such facility | ||||||
26 | unless the applicant has submitted proof to the Agency that the
| ||||||
27 | location of the facility has been approved by the appropriate | ||||||
28 | county board or
municipal governing body pursuant to Section | ||||||
29 | 39.2 of this Act.
| ||||||
30 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
31 | any portion for which an operating permit has been issued by
| ||||||
32 | the Agency, has not accepted waste disposal for 5 or more | ||||||
33 | consecutive calendars
years, before that facility may accept | ||||||
34 | any new or additional waste for
disposal, the owner and |
| |||||||
| |||||||
1 | operator must obtain a new operating permit under this
Act for | ||||||
2 | that facility unless the owner and operator have applied to the | ||||||
3 | Agency
for a permit authorizing the temporary suspension of | ||||||
4 | waste acceptance. The
Agency may not issue a new operation | ||||||
5 | permit under this Act for the facility
unless the applicant has | ||||||
6 | submitted proof to the Agency that the location of the
facility | ||||||
7 | has been approved or re-approved by the appropriate county | ||||||
8 | board or
municipal governing body under Section 39.2 of this | ||||||
9 | Act after the facility
ceased accepting waste.
| ||||||
10 | Except for those facilities owned or operated by sanitary | ||||||
11 | districts
organized under the Metropolitan Water Reclamation | ||||||
12 | District Act, and
except for new pollution control facilities | ||||||
13 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
14 | facilities, the granting of a permit under
this Act shall not | ||||||
15 | relieve the applicant from meeting and securing all
necessary | ||||||
16 | zoning approvals from the unit of government having zoning
| ||||||
17 | jurisdiction over the proposed facility.
| ||||||
18 | Before beginning construction on any new sewage treatment | ||||||
19 | plant or sludge
drying site to be owned or operated by a | ||||||
20 | sanitary district organized under
the Metropolitan Water | ||||||
21 | Reclamation District Act for which a new
permit (rather than | ||||||
22 | the renewal or amendment of an existing permit) is
required, | ||||||
23 | such sanitary district shall hold a public hearing within the
| ||||||
24 | municipality within which the proposed facility is to be | ||||||
25 | located, or within the
nearest community if the proposed | ||||||
26 | facility is to be located within an
unincorporated area, at | ||||||
27 | which information concerning the proposed facility
shall be | ||||||
28 | made available to the public, and members of the public shall | ||||||
29 | be given
the opportunity to express their views concerning the | ||||||
30 | proposed facility.
| ||||||
31 | The Agency may issue a permit for a municipal waste | ||||||
32 | transfer station
without requiring approval pursuant to | ||||||
33 | Section 39.2 provided that the following
demonstration is made:
| ||||||
34 | (1) the municipal waste transfer station was in |
| |||||||
| |||||||
1 | existence on or before
January 1, 1979 and was in | ||||||
2 | continuous operation from January 1, 1979 to January
1, | ||||||
3 | 1993;
| ||||||
4 | (2) the operator submitted a permit application to the | ||||||
5 | Agency to develop
and operate the municipal waste transfer | ||||||
6 | station during April of 1994;
| ||||||
7 | (3) the operator can demonstrate that the county board | ||||||
8 | of the county, if
the municipal waste transfer station is | ||||||
9 | in an unincorporated area, or the
governing body of the | ||||||
10 | municipality, if the station is in an incorporated area,
| ||||||
11 | does not object to resumption of the operation of the | ||||||
12 | station; and
| ||||||
13 | (4) the site has local zoning approval.
| ||||||
14 | (d) The Agency may issue RCRA permits exclusively under | ||||||
15 | this
subsection to persons owning or operating a facility for | ||||||
16 | the treatment,
storage, or disposal of hazardous waste as | ||||||
17 | defined under this Act.
| ||||||
18 | All RCRA permits shall contain those terms and conditions, | ||||||
19 | including but
not limited to schedules of compliance, which may | ||||||
20 | be required to accomplish
the purposes and provisions of this | ||||||
21 | Act. The Agency may include among such
conditions standards and | ||||||
22 | other requirements established under this Act,
Board | ||||||
23 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
24 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
25 | and may include
schedules for achieving compliance therewith as | ||||||
26 | soon as possible. The
Agency shall require that a performance | ||||||
27 | bond or other security be provided
as a condition for the | ||||||
28 | issuance of a RCRA permit.
| ||||||
29 | In the case of a permit to operate a hazardous waste or PCB | ||||||
30 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
31 | Agency shall require, as a
condition of the permit, that the | ||||||
32 | operator of the facility perform such
analyses of the waste to | ||||||
33 | be incinerated as may be necessary and appropriate
to ensure | ||||||
34 | the safe operation of the incinerator.
|
| |||||||
| |||||||
1 | The Agency shall adopt filing requirements and procedures | ||||||
2 | which
are necessary and appropriate for the issuance of RCRA | ||||||
3 | permits, and which
are consistent with the Act or regulations | ||||||
4 | adopted by the Board, and with
the Resource Conservation and | ||||||
5 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
6 | pursuant thereto.
| ||||||
7 | The applicant shall make available to the public for | ||||||
8 | inspection all
documents submitted by the applicant to the | ||||||
9 | Agency in furtherance
of an application, with the exception of | ||||||
10 | trade secrets, at the office of
the county board or governing | ||||||
11 | body of the municipality. Such documents
may be copied upon | ||||||
12 | payment of the actual cost of reproduction during regular
| ||||||
13 | business hours of the local office. The Agency shall issue a | ||||||
14 | written statement
concurrent with its grant or denial of the | ||||||
15 | permit explaining the basis for its
decision.
| ||||||
16 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
17 | subsection to persons owning or operating a facility for the | ||||||
18 | underground
injection of contaminants as defined under this | ||||||
19 | Act.
| ||||||
20 | All UIC permits shall contain those terms and conditions, | ||||||
21 | including but
not limited to schedules of compliance, which may | ||||||
22 | be required to accomplish
the purposes and provisions of this | ||||||
23 | Act. The Agency may include among such
conditions standards and | ||||||
24 | other requirements established under this Act,
Board | ||||||
25 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
26 | amended,
and regulations pursuant thereto, and may include | ||||||
27 | schedules for achieving
compliance therewith. The Agency shall | ||||||
28 | require that a performance bond or
other security be provided | ||||||
29 | as a condition for the issuance of a UIC permit.
| ||||||
30 | The Agency shall adopt filing requirements and procedures | ||||||
31 | which
are necessary and appropriate for the issuance of UIC | ||||||
32 | permits, and which
are consistent with the Act or regulations | ||||||
33 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
34 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
|
| |||||||
| |||||||
1 | The applicant shall make available to the public for | ||||||
2 | inspection, all
documents submitted by the applicant to the | ||||||
3 | Agency in furtherance of an
application, with the exception of | ||||||
4 | trade secrets, at the office of the county
board or governing | ||||||
5 | body of the municipality. Such documents may be copied upon
| ||||||
6 | payment of the actual cost of reproduction during regular | ||||||
7 | business hours of the
local office. The Agency shall issue a | ||||||
8 | written statement concurrent with its
grant or denial of the | ||||||
9 | permit explaining the basis for its decision.
| ||||||
10 | (f) In making any determination pursuant to Section 9.1 of | ||||||
11 | this Act:
| ||||||
12 | (1) The Agency shall have authority to make the | ||||||
13 | determination of any
question required to be determined by | ||||||
14 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
15 | or the regulations of the Board, including the
| ||||||
16 | determination of the Lowest Achievable Emission Rate, | ||||||
17 | Maximum Achievable
Control Technology, or Best Available | ||||||
18 | Control Technology, consistent with the
Board's | ||||||
19 | regulations, if any.
| ||||||
20 | (2) The Agency shall, after conferring with the | ||||||
21 | applicant, give written
notice to the applicant of its | ||||||
22 | proposed decision on the application including
the terms | ||||||
23 | and conditions of the permit to be issued and the facts, | ||||||
24 | conduct
or other basis upon which the Agency will rely to | ||||||
25 | support its proposed action.
| ||||||
26 | (3) Following such notice, the Agency shall give the | ||||||
27 | applicant an
opportunity for a hearing in accordance with | ||||||
28 | the provisions of Sections
10-25 through 10-60 of the | ||||||
29 | Illinois Administrative Procedure Act.
| ||||||
30 | (g) The Agency shall include as conditions upon all permits | ||||||
31 | issued for
hazardous waste disposal sites such restrictions | ||||||
32 | upon the future use
of such sites as are reasonably necessary | ||||||
33 | to protect public health and
the environment, including | ||||||
34 | permanent prohibition of the use of such
sites for purposes |
| |||||||
| |||||||
1 | which may create an unreasonable risk of injury to human
health | ||||||
2 | or to the environment. After administrative and judicial | ||||||
3 | challenges
to such restrictions have been exhausted, the Agency | ||||||
4 | shall file such
restrictions of record in the Office of the | ||||||
5 | Recorder of the county in which
the hazardous waste disposal | ||||||
6 | site is located.
| ||||||
7 | (h) A hazardous waste stream may not be deposited in a | ||||||
8 | permitted hazardous
waste site unless specific authorization | ||||||
9 | is obtained from the Agency by the
generator and disposal site | ||||||
10 | owner and operator for the deposit of that specific
hazardous | ||||||
11 | waste stream. The Agency may grant specific authorization for
| ||||||
12 | disposal of hazardous waste streams only after the generator | ||||||
13 | has reasonably
demonstrated that, considering
technological | ||||||
14 | feasibility and economic reasonableness, the hazardous waste
| ||||||
15 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
16 | chemically,
physically or biologically treated so as to | ||||||
17 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
18 | granting authorization under this Section,
the Agency may | ||||||
19 | impose such conditions as may be necessary to accomplish
the | ||||||
20 | purposes of the Act and are consistent with this Act and | ||||||
21 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
22 | refuses to grant
authorization under this Section, the | ||||||
23 | applicant may appeal as if the Agency
refused to grant a | ||||||
24 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
25 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
26 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
27 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
28 | partially recycled
for reuse prior to disposal, in which case | ||||||
29 | the last person who treats,
incinerates, or partially recycles | ||||||
30 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
31 | the hazardous waste is from a response action, in which case
| ||||||
32 | the person performing the response action is the generator. | ||||||
33 | This subsection
(h) does not apply to any hazardous waste that | ||||||
34 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
|
| |||||||
| |||||||
1 | (i) Before issuing any RCRA permit or any permit for a | ||||||
2 | waste storage site,
sanitary landfill, waste disposal site, | ||||||
3 | waste transfer station, waste treatment
facility, waste | ||||||
4 | incinerator, or any waste-transportation operation, the Agency
| ||||||
5 | shall conduct an evaluation of the prospective owner's or | ||||||
6 | operator's prior
experience in waste management operations. | ||||||
7 | The Agency may deny such a permit
if the prospective owner or | ||||||
8 | operator or any employee or officer of the
prospective owner or | ||||||
9 | operator has a history of:
| ||||||
10 | (1) repeated violations of federal, State, or local | ||||||
11 | laws, regulations,
standards, or ordinances in the | ||||||
12 | operation of waste management facilities or
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
| ||||||
16 | (3) proof of gross carelessness or incompetence in | ||||||
17 | handling, storing,
processing, transporting or disposing | ||||||
18 | of waste.
| ||||||
19 | (j) The issuance under this Act of a permit to engage in | ||||||
20 | the surface mining
of any resources other than fossil fuels | ||||||
21 | shall not relieve
the permittee from its duty to comply with | ||||||
22 | any applicable local law regulating
the commencement, location | ||||||
23 | or operation of surface mining facilities.
| ||||||
24 | (k) A development permit issued under subsection (a) of | ||||||
25 | Section 39 for any
facility or site which is required to have a | ||||||
26 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
27 | end of 2 calendar years from the date upon which
it was issued, | ||||||
28 | unless within that period the applicant has taken action to
| ||||||
29 | develop the facility or the site. In the event that review of | ||||||
30 | the
conditions of the development permit is sought pursuant to | ||||||
31 | Section 40 or
41, or permittee is prevented from commencing | ||||||
32 | development of the facility
or site by any other litigation | ||||||
33 | beyond the permittee's control, such
two-year period shall be | ||||||
34 | deemed to begin on the date upon which such review
process or |
| |||||||
| |||||||
1 | litigation is concluded.
| ||||||
2 | (l) No permit shall be issued by the Agency under this Act | ||||||
3 | for
construction or operation of any facility or site located | ||||||
4 | within the
boundaries of any setback zone established pursuant | ||||||
5 | to this Act, where such
construction or operation is | ||||||
6 | prohibited.
| ||||||
7 | (m) The Agency may issue permits to persons owning or | ||||||
8 | operating
a facility for composting landscape waste. In | ||||||
9 | granting such permits, the Agency
may impose such conditions as | ||||||
10 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
11 | are not inconsistent with applicable regulations promulgated
| ||||||
12 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
13 | or other
security shall not be required as a condition for the | ||||||
14 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
15 | to this subsection, the Agency shall
transmit to the applicant | ||||||
16 | within the time limitations of this subsection
specific, | ||||||
17 | detailed statements as to the reasons the permit application | ||||||
18 | was
denied. Such statements shall include but not be limited to | ||||||
19 | the following:
| ||||||
20 | (1) the Sections of this Act that may be violated if | ||||||
21 | the permit
were granted;
| ||||||
22 | (2) the specific regulations promulgated pursuant to | ||||||
23 | this
Act that may be violated if the permit were granted;
| ||||||
24 | (3) the specific information, if any, the Agency deems | ||||||
25 | the
applicant did not provide in its application to the | ||||||
26 | Agency; and
| ||||||
27 | (4) a statement of specific reasons why the Act and the | ||||||
28 | regulations
might be violated if the permit were granted.
| ||||||
29 | If no final action is taken by the Agency within 90 days | ||||||
30 | after the filing
of the application for permit, the applicant | ||||||
31 | may deem the permit issued.
Any applicant for a permit may | ||||||
32 | waive the 90 day limitation by filing a
written statement with | ||||||
33 | the Agency.
| ||||||
34 | The Agency shall issue permits for such facilities upon |
| |||||||
| |||||||
1 | receipt of an
application that includes a legal description of | ||||||
2 | the site, a topographic
map of the site drawn to the scale of | ||||||
3 | 200 feet to the inch or larger, a
description of the operation, | ||||||
4 | including the area served, an estimate of
the volume of | ||||||
5 | materials to be processed, and documentation that:
| ||||||
6 | (1) the facility includes a setback of at
least 200 | ||||||
7 | feet from the nearest potable water supply well;
| ||||||
8 | (2) the facility is located outside the boundary
of the | ||||||
9 | 10-year floodplain or the site will be floodproofed;
| ||||||
10 | (3) the facility is located so as to minimize
| ||||||
11 | incompatibility with the character of the surrounding | ||||||
12 | area, including at
least a 200 foot setback from any | ||||||
13 | residence, and in the case of a
facility that is developed | ||||||
14 | or the permitted composting area of which is
expanded after | ||||||
15 | November 17, 1991, the composting area is located at least | ||||||
16 | 1/8
mile from the nearest residence (other than a residence | ||||||
17 | located on the same
property as the facility);
| ||||||
18 | (4) the design of the facility will prevent any compost | ||||||
19 | material from
being placed within 5 feet of the water | ||||||
20 | table, will adequately control runoff
from the site, and | ||||||
21 | will collect and manage any leachate that is generated on
| ||||||
22 | the site;
| ||||||
23 | (5) the operation of the facility will include | ||||||
24 | appropriate dust
and odor control measures, limitations on | ||||||
25 | operating hours, appropriate
noise control measures for | ||||||
26 | shredding, chipping and similar equipment,
management | ||||||
27 | procedures for composting, containment and disposal of
| ||||||
28 | non-compostable wastes, procedures to be used for
| ||||||
29 | terminating operations at the site, and recordkeeping | ||||||
30 | sufficient to
document the amount of materials received, | ||||||
31 | composted and otherwise
disposed of; and
| ||||||
32 | (6) the operation will be conducted in accordance with | ||||||
33 | any applicable
rules adopted by the Board.
| ||||||
34 | The Agency shall issue renewable permits of not longer than |
| |||||||
| |||||||
1 | 10 years
in duration for the composting of landscape wastes, as | ||||||
2 | defined in Section
3.155 of this Act, based on the above | ||||||
3 | requirements.
| ||||||
4 | The operator of any facility permitted under this | ||||||
5 | subsection (m) must
submit a written annual statement to the | ||||||
6 | Agency on or before April 1 of
each year that includes an | ||||||
7 | estimate of the amount of material, in tons,
received for | ||||||
8 | composting.
| ||||||
9 | (n) The Agency shall issue permits jointly with the | ||||||
10 | Department of
Transportation for the dredging or deposit of | ||||||
11 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
12 | Rivers, Lakes, and Streams Act.
| ||||||
13 | (o) (Blank.)
| ||||||
14 | (p) (1) Any person submitting an application for a permit | ||||||
15 | for a new MSWLF
unit or for a lateral expansion under | ||||||
16 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
17 | unit that has not received and is not subject to local
siting | ||||||
18 | approval under Section 39.2 of this Act shall publish notice of | ||||||
19 | the
application in a newspaper of general circulation in the | ||||||
20 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
21 | The notice must be published at
least 15 days before submission | ||||||
22 | of the permit application to the Agency. The
notice shall state | ||||||
23 | the name and address of the applicant, the location of the
| ||||||
24 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
25 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
26 | proposed, the probable life of
the proposed activity, the date | ||||||
27 | the permit application will be submitted, and a
statement that | ||||||
28 | persons may file written comments with the Agency concerning | ||||||
29 | the
permit application within 30 days after the filing of the | ||||||
30 | permit application
unless the time period to submit comments is | ||||||
31 | extended by the Agency.
| ||||||
32 | When a permit applicant submits information to the Agency | ||||||
33 | to supplement a
permit application being reviewed by the | ||||||
34 | Agency, the applicant shall not be
required to reissue the |
| |||||||
| |||||||
1 | notice under this subsection.
| ||||||
2 | (2) The Agency shall accept written comments concerning the | ||||||
3 | permit
application that are postmarked no later than 30 days | ||||||
4 | after the
filing of the permit application, unless the time | ||||||
5 | period to accept comments is
extended by the Agency.
| ||||||
6 | (3) Each applicant for a permit described in part (1) of | ||||||
7 | this subsection
shall file a
copy of the permit application | ||||||
8 | with the county board or governing body of the
municipality in | ||||||
9 | which the MSWLF unit is or is proposed to be located at the
| ||||||
10 | same time the application is submitted to the Agency. The | ||||||
11 | permit application
filed with the county board or governing | ||||||
12 | body of the municipality shall include
all documents submitted | ||||||
13 | to or to be submitted to the Agency, except trade
secrets as | ||||||
14 | determined under Section 7.1 of this Act. The permit | ||||||
15 | application
and other documents on file with the county board | ||||||
16 | or governing body of the
municipality shall be made available | ||||||
17 | for public inspection during regular
business hours at the | ||||||
18 | office of the county board or the governing body of the
| ||||||
19 | municipality and may be copied upon payment of the actual cost | ||||||
20 | of
reproduction.
| ||||||
21 | (q) The owner or operator of a CAAPP source is not required | ||||||
22 | to obtain an air pollution control construction permit for the | ||||||
23 | construction or modification of an emission unit or activity | ||||||
24 | that is an insignificant activity as addressed by Title 35 of | ||||||
25 | the Illinois Administrative Code, Subtitle B: Air Pollution | ||||||
26 | Control, Chapter I: Pollution Control Board, Section 201.212, | ||||||
27 | which rule provides that changes in the insignificant | ||||||
28 | activities at a CAAPP source shall be addressed during the | ||||||
29 | renewal of the CAAPP permit. Provided, however, other than | ||||||
30 | excusing the owner or operator of a CAAPP source from the | ||||||
31 | requirement to obtain an air pollution control construction | ||||||
32 | permit for these emission units or activities, nothing in this | ||||||
33 | provision shall alter or affect the liability of the CAAPP | ||||||
34 | source for compliance with emission standards and other |
| |||||||
| |||||||
1 | requirements that apply to these emission units or activities, | ||||||
2 | either individually or in conjunction with other emission units | ||||||
3 | or activities constructed, modified, or located at the source.
| ||||||
4 | (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)".
|