Full Text of HB3819 99th General Assembly
HB3819eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 39 as follows:
| 6 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 7 | | Sec. 39. Issuance of permits; procedures.
| 8 | | (a) When the Board has by regulation required a permit for
| 9 | | the construction, installation, or operation of any type of | 10 | | facility,
equipment, vehicle, vessel, or aircraft, the | 11 | | applicant shall apply to
the Agency for such permit and it | 12 | | shall be the duty of the Agency to
issue such a permit upon | 13 | | proof by the applicant that the facility,
equipment, vehicle, | 14 | | vessel, or aircraft will not cause a violation of
this Act or | 15 | | of regulations hereunder. The Agency shall adopt such
| 16 | | procedures as are necessary to carry out its duties under this | 17 | | Section.
In making its determinations on permit applications | 18 | | under this Section the Agency may consider prior adjudications | 19 | | of
noncompliance with this Act by the applicant that involved a | 20 | | release of a
contaminant into the environment. In granting | 21 | | permits, the Agency
may impose reasonable conditions | 22 | | specifically related to the applicant's past
compliance | 23 | | history with this Act as necessary to correct, detect, or
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| 1 | | prevent noncompliance. The Agency may impose such other | 2 | | conditions
as may be necessary to accomplish the purposes of | 3 | | this Act, and as are not
inconsistent with the regulations | 4 | | promulgated by the Board hereunder. Except as
otherwise | 5 | | provided in this Act, a bond or other security shall not be | 6 | | required
as a condition for the issuance of a permit. If the | 7 | | Agency denies any permit
under this Section, the Agency shall | 8 | | transmit to the applicant within the time
limitations of this | 9 | | Section specific, detailed statements as to the reasons the
| 10 | | permit application was denied. Such statements shall include, | 11 | | but not be
limited to the following:
| 12 | | (i) the Sections of this Act which may be violated if | 13 | | the permit
were granted;
| 14 | | (ii) the provision of the regulations, promulgated | 15 | | under this Act,
which may be violated if the permit were | 16 | | granted;
| 17 | | (iii) the specific type of information, if any, which | 18 | | the Agency
deems the applicant did not provide the Agency; | 19 | | and
| 20 | | (iv) a statement of specific reasons why the Act and | 21 | | the regulations
might not be met if the permit were | 22 | | granted.
| 23 | | If there is no final action by the Agency within 90 days | 24 | | after the
filing of the application for permit, the applicant | 25 | | may deem the permit
issued; except that this time period shall | 26 | | be extended to 180 days when
(1) notice and opportunity for |
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| 1 | | public hearing are required by State or
federal law or | 2 | | regulation, (2) the application which was filed is for
any | 3 | | permit to develop a landfill subject to issuance pursuant to | 4 | | this
subsection, or (3) the application that was filed is for a | 5 | | MSWLF unit
required to issue public notice under subsection (p) | 6 | | of Section 39. The
90-day and 180-day time periods for the | 7 | | Agency to take final action do not
apply to NPDES permit | 8 | | applications under subsection (b) of this Section,
to RCRA | 9 | | permit applications under subsection (d) of this Section, or
to | 10 | | UIC permit applications under subsection (e) of this Section.
| 11 | | The Agency shall publish notice of all final permit | 12 | | determinations for
development permits for MSWLF units and for | 13 | | significant permit modifications
for lateral expansions for | 14 | | existing MSWLF units one time in a newspaper of
general | 15 | | circulation in the county in which the unit is or is proposed | 16 | | to be
located.
| 17 | | After January 1, 1994 and until July 1, 1998, operating | 18 | | permits issued under
this Section by the
Agency for sources of | 19 | | air pollution permitted to emit less than 25 tons
per year of | 20 | | any combination of regulated air pollutants, as defined in
| 21 | | Section 39.5 of this Act, shall be required to be renewed only | 22 | | upon written
request by the Agency consistent with applicable | 23 | | provisions of this Act and
regulations promulgated hereunder. | 24 | | Such operating permits shall expire
180 days after the date of | 25 | | such a request. The Board shall revise its
regulations for the | 26 | | existing State air pollution operating permit program
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| 1 | | consistent with this provision by January 1, 1994.
| 2 | | After June 30, 1998, operating permits issued under this | 3 | | Section by the
Agency for sources of air pollution that are not | 4 | | subject to Section 39.5 of
this Act and are not required to | 5 | | have a federally enforceable State operating
permit shall be | 6 | | required to be renewed only upon written request by the Agency
| 7 | | consistent with applicable provisions of this Act and its | 8 | | rules. Such
operating permits shall expire 180 days after the | 9 | | date of such a request.
Before July 1, 1998, the Board shall | 10 | | revise its rules for the existing State
air pollution operating | 11 | | permit program consistent with this paragraph and shall
adopt | 12 | | rules that require a source to demonstrate that it qualifies | 13 | | for a permit
under this paragraph.
| 14 | | (b) The Agency may issue NPDES permits exclusively under | 15 | | this
subsection for the discharge of contaminants from point | 16 | | sources into
navigable waters, all as defined in the Federal | 17 | | Water Pollution Control
Act, as now or hereafter amended, | 18 | | within the jurisdiction of the
State, or into any well.
| 19 | | All NPDES permits shall contain those terms and conditions, | 20 | | including
but not limited to schedules of compliance, which may | 21 | | be required to
accomplish the purposes and provisions of this | 22 | | Act.
| 23 | | The Agency may issue general NPDES permits for discharges | 24 | | from categories
of point sources which are subject to the same | 25 | | permit limitations and
conditions. Such general permits may be | 26 | | issued without individual
applications and shall conform to |
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| 1 | | regulations promulgated under Section 402
of the Federal Water | 2 | | Pollution Control Act, as now or hereafter amended.
| 3 | | The Agency may include, among such conditions, effluent | 4 | | limitations
and other requirements established under this Act, | 5 | | Board regulations,
the Federal Water Pollution Control Act, as | 6 | | now or hereafter amended, and
regulations pursuant thereto, and | 7 | | schedules for achieving compliance
therewith at the earliest | 8 | | reasonable date.
| 9 | | The Agency shall adopt filing requirements and procedures | 10 | | which are
necessary and appropriate for the issuance of NPDES | 11 | | permits, and which
are consistent with the Act or regulations | 12 | | adopted by the Board, and
with the Federal Water Pollution | 13 | | Control Act, as now or hereafter
amended, and regulations | 14 | | pursuant thereto.
| 15 | | The Agency, subject to any conditions which may be | 16 | | prescribed by
Board regulations, may issue NPDES permits to | 17 | | allow discharges beyond
deadlines established by this Act or by | 18 | | regulations of the Board without
the requirement of a variance, | 19 | | subject to the Federal Water Pollution
Control Act, as now or | 20 | | hereafter amended, and regulations pursuant thereto.
| 21 | | (c) Except for those facilities owned or operated by | 22 | | sanitary districts
organized under the Metropolitan Water | 23 | | Reclamation District Act, no
permit for the development or | 24 | | construction of a new pollution control
facility may be granted | 25 | | by the Agency unless the applicant submits proof to the
Agency | 26 | | that the location of the facility has been approved by the |
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| 1 | | County Board
of the county if in an unincorporated area, or the | 2 | | governing body of the
municipality when in an incorporated | 3 | | area, in which the facility is to be
located in accordance with | 4 | | Section 39.2 of this Act. For purposes of this subsection (c), | 5 | | and for purposes of Section 39.2 of this Act, the appropriate | 6 | | county board or governing body of the municipality shall be the | 7 | | county board of the county or the governing body of the | 8 | | municipality in which the facility is to be located as of the | 9 | | date when the application for siting approval is filed.
| 10 | | In the event that siting approval granted pursuant to | 11 | | Section 39.2 has
been transferred to a subsequent owner or | 12 | | operator, that subsequent owner or
operator may apply to the | 13 | | Agency for, and the Agency may grant, a development
or | 14 | | construction permit for the facility for which local siting | 15 | | approval was
granted. Upon application to the Agency for a | 16 | | development or
construction permit by that subsequent owner or | 17 | | operator,
the permit applicant shall cause written notice of | 18 | | the permit application
to be served upon the appropriate county | 19 | | board or governing body of the
municipality that granted siting | 20 | | approval for that facility and upon any party
to the siting | 21 | | proceeding pursuant to which siting approval was granted. In
| 22 | | that event, the Agency shall conduct an evaluation of the | 23 | | subsequent owner or
operator's prior experience in waste | 24 | | management operations in the manner
conducted under subsection | 25 | | (i) of Section 39 of this Act.
| 26 | | Beginning August 20, 1993, if the pollution control |
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| 1 | | facility consists of a
hazardous or solid waste disposal | 2 | | facility for which the proposed site is
located in an | 3 | | unincorporated area of a county with a population of less than
| 4 | | 100,000 and includes all or a portion of a parcel of land that | 5 | | was, on April 1,
1993, adjacent to a municipality having a | 6 | | population of less than 5,000, then
the local siting review | 7 | | required under this subsection (c) in conjunction with
any | 8 | | permit applied for after that date shall be performed by the | 9 | | governing body
of that adjacent municipality rather than the | 10 | | county board of the county in
which the proposed site is | 11 | | located; and for the purposes of that local siting
review, any | 12 | | references in this Act to the county board shall be deemed to | 13 | | mean
the governing body of that adjacent municipality; | 14 | | provided, however, that the
provisions of this paragraph shall | 15 | | not apply to any proposed site which was, on
April 1, 1993, | 16 | | owned in whole or in part by another municipality.
| 17 | | In the case of a pollution control facility for which a
| 18 | | development permit was issued before November 12, 1981, if an | 19 | | operating
permit has not been issued by the Agency prior to | 20 | | August 31, 1989 for
any portion of the facility, then the | 21 | | Agency may not issue or renew any
development permit nor issue | 22 | | an original operating permit for any portion of
such facility | 23 | | unless the applicant has submitted proof to the Agency that the
| 24 | | location of the facility has been approved by the appropriate | 25 | | county board or
municipal governing body pursuant to Section | 26 | | 39.2 of this Act.
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| 1 | | After January 1, 1994, if a solid waste
disposal facility, | 2 | | any portion for which an operating permit has been issued by
| 3 | | the Agency, has not accepted waste disposal for 5 or more | 4 | | consecutive calendars
years, before that facility may accept | 5 | | any new or additional waste for
disposal, the owner and | 6 | | operator must obtain a new operating permit under this
Act for | 7 | | that facility unless the owner and operator have applied to the | 8 | | Agency
for a permit authorizing the temporary suspension of | 9 | | waste acceptance. The
Agency may not issue a new operation | 10 | | permit under this Act for the facility
unless the applicant has | 11 | | submitted proof to the Agency that the location of the
facility | 12 | | has been approved or re-approved by the appropriate county | 13 | | board or
municipal governing body under Section 39.2 of this | 14 | | Act after the facility
ceased accepting waste.
| 15 | | Except for those facilities owned or operated by sanitary | 16 | | districts
organized under the Metropolitan Water Reclamation | 17 | | District Act, and
except for new pollution control facilities | 18 | | governed by Section 39.2,
and except for fossil fuel mining | 19 | | facilities, the granting of a permit under
this Act shall not | 20 | | relieve the applicant from meeting and securing all
necessary | 21 | | zoning approvals from the unit of government having zoning
| 22 | | jurisdiction over the proposed facility.
| 23 | | Before beginning construction on any new sewage treatment | 24 | | plant or sludge
drying site to be owned or operated by a | 25 | | sanitary district organized under
the Metropolitan Water | 26 | | Reclamation District Act for which a new
permit (rather than |
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| 1 | | the renewal or amendment of an existing permit) is
required, | 2 | | such sanitary district shall hold a public hearing within the
| 3 | | municipality within which the proposed facility is to be | 4 | | located, or within the
nearest community if the proposed | 5 | | facility is to be located within an
unincorporated area, at | 6 | | which information concerning the proposed facility
shall be | 7 | | made available to the public, and members of the public shall | 8 | | be given
the opportunity to express their views concerning the | 9 | | proposed facility.
| 10 | | The Agency may issue a permit for a municipal waste | 11 | | transfer station
without requiring approval pursuant to | 12 | | Section 39.2 provided that the following
demonstration is made:
| 13 | | (1) the municipal waste transfer station was in | 14 | | existence on or before
January 1, 1979 and was in | 15 | | continuous operation from January 1, 1979 to January
1, | 16 | | 1993;
| 17 | | (2) the operator submitted a permit application to the | 18 | | Agency to develop
and operate the municipal waste transfer | 19 | | station during April of 1994;
| 20 | | (3) the operator can demonstrate that the county board | 21 | | of the county, if
the municipal waste transfer station is | 22 | | in an unincorporated area, or the
governing body of the | 23 | | municipality, if the station is in an incorporated area,
| 24 | | does not object to resumption of the operation of the | 25 | | station; and
| 26 | | (4) the site has local zoning approval.
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| 1 | | (d) The Agency may issue RCRA permits exclusively under | 2 | | this
subsection to persons owning or operating a facility for | 3 | | the treatment,
storage, or disposal of hazardous waste as | 4 | | defined under this Act.
| 5 | | All RCRA permits shall contain those terms and conditions, | 6 | | including but
not limited to schedules of compliance, which may | 7 | | be required to accomplish
the purposes and provisions of this | 8 | | Act. The Agency may include among such
conditions standards and | 9 | | other requirements established under this Act,
Board | 10 | | regulations, the Resource Conservation and Recovery Act of 1976 | 11 | | (P.L.
94-580), as amended, and regulations pursuant thereto, | 12 | | and may include
schedules for achieving compliance therewith as | 13 | | soon as possible. The
Agency shall require that a performance | 14 | | bond or other security be provided
as a condition for the | 15 | | issuance of a RCRA permit.
| 16 | | In the case of a permit to operate a hazardous waste or PCB | 17 | | incinerator
as defined in subsection (k) of Section 44, the | 18 | | Agency shall require, as a
condition of the permit, that the | 19 | | operator of the facility perform such
analyses of the waste to | 20 | | be incinerated as may be necessary and appropriate
to ensure | 21 | | the safe operation of the incinerator.
| 22 | | The Agency shall adopt filing requirements and procedures | 23 | | which
are necessary and appropriate for the issuance of RCRA | 24 | | permits, and which
are consistent with the Act or regulations | 25 | | adopted by the Board, and with
the Resource Conservation and | 26 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
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| 1 | | pursuant thereto.
| 2 | | The applicant shall make available to the public for | 3 | | inspection all
documents submitted by the applicant to the | 4 | | Agency in furtherance
of an application, with the exception of | 5 | | trade secrets, at the office of
the county board or governing | 6 | | body of the municipality. Such documents
may be copied upon | 7 | | payment of the actual cost of reproduction during regular
| 8 | | business hours of the local office. The Agency shall issue a | 9 | | written statement
concurrent with its grant or denial of the | 10 | | permit explaining the basis for its
decision.
| 11 | | (e) The Agency may issue UIC permits exclusively under this
| 12 | | subsection to persons owning or operating a facility for the | 13 | | underground
injection of contaminants as defined under this | 14 | | Act.
| 15 | | All UIC permits shall contain those terms and conditions, | 16 | | including but
not limited to schedules of compliance, which may | 17 | | be required to accomplish
the purposes and provisions of this | 18 | | Act. The Agency may include among such
conditions standards and | 19 | | other requirements established under this Act,
Board | 20 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as | 21 | | amended,
and regulations pursuant thereto, and may include | 22 | | schedules for achieving
compliance therewith. The Agency shall | 23 | | require that a performance bond or
other security be provided | 24 | | as a condition for the issuance of a UIC permit.
| 25 | | The Agency shall adopt filing requirements and procedures | 26 | | which
are necessary and appropriate for the issuance of UIC |
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| 1 | | permits, and which
are consistent with the Act or regulations | 2 | | adopted by the Board, and with
the Safe Drinking Water Act | 3 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 4 | | The applicant shall make available to the public for | 5 | | inspection, all
documents submitted by the applicant to the | 6 | | Agency in furtherance of an
application, with the exception of | 7 | | trade secrets, at the office of the county
board or governing | 8 | | body of the municipality. Such documents may be copied upon
| 9 | | payment of the actual cost of reproduction during regular | 10 | | business hours of the
local office. The Agency shall issue a | 11 | | written statement concurrent with its
grant or denial of the | 12 | | permit explaining the basis for its decision.
| 13 | | (f) In making any determination pursuant to Section 9.1 of | 14 | | this Act:
| 15 | | (1) The Agency shall have authority to make the | 16 | | determination of any
question required to be determined by | 17 | | the Clean Air Act, as now or
hereafter amended, this Act, | 18 | | or the regulations of the Board, including the
| 19 | | determination of the Lowest Achievable Emission Rate, | 20 | | Maximum Achievable
Control Technology, or Best Available | 21 | | Control Technology, consistent with the
Board's | 22 | | regulations, if any.
| 23 | | (2) The Agency shall, after conferring with the | 24 | | applicant, give written
notice to the applicant of its | 25 | | proposed decision on the application including
the terms | 26 | | and conditions of the permit to be issued and the facts, |
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| 1 | | conduct
or other basis upon which the Agency will rely to | 2 | | support its proposed action.
| 3 | | (3) Following such notice, the Agency shall give the | 4 | | applicant an
opportunity for a hearing in accordance with | 5 | | the provisions of Sections
10-25 through 10-60 of the | 6 | | Illinois Administrative Procedure Act.
| 7 | | (g) The Agency shall include as conditions upon all permits | 8 | | issued for
hazardous waste disposal sites such restrictions | 9 | | upon the future use
of such sites as are reasonably necessary | 10 | | to protect public health and
the environment, including | 11 | | permanent prohibition of the use of such
sites for purposes | 12 | | which may create an unreasonable risk of injury to human
health | 13 | | or to the environment. After administrative and judicial | 14 | | challenges
to such restrictions have been exhausted, the Agency | 15 | | shall file such
restrictions of record in the Office of the | 16 | | Recorder of the county in which
the hazardous waste disposal | 17 | | site is located.
| 18 | | (h) A hazardous waste stream may not be deposited in a | 19 | | permitted hazardous
waste site unless specific authorization | 20 | | is obtained from the Agency by the
generator and disposal site | 21 | | owner and operator for the deposit of that specific
hazardous | 22 | | waste stream. The Agency may grant specific authorization for
| 23 | | disposal of hazardous waste streams only after the generator | 24 | | has reasonably
demonstrated that, considering
technological | 25 | | feasibility and economic reasonableness, the hazardous waste
| 26 | | cannot be reasonably recycled for reuse, nor incinerated or |
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| 1 | | chemically,
physically or biologically treated so as to | 2 | | neutralize the hazardous waste
and render it nonhazardous. In | 3 | | granting authorization under this Section,
the Agency may | 4 | | impose such conditions as may be necessary to accomplish
the | 5 | | purposes of the Act and are consistent with this Act and | 6 | | regulations
promulgated by the Board hereunder. If the Agency | 7 | | refuses to grant
authorization under this Section, the | 8 | | applicant may appeal as if the Agency
refused to grant a | 9 | | permit, pursuant to the provisions of subsection (a) of
Section | 10 | | 40 of this Act. For purposes of this subsection (h), the term
| 11 | | "generator" has the meaning given in Section 3.205 of this Act,
| 12 | | unless: (1) the hazardous waste is treated, incinerated, or | 13 | | partially recycled
for reuse prior to disposal, in which case | 14 | | the last person who treats,
incinerates, or partially recycles | 15 | | the hazardous waste prior to disposal is the
generator; or (2) | 16 | | the hazardous waste is from a response action, in which case
| 17 | | the person performing the response action is the generator. | 18 | | This subsection
(h) does not apply to any hazardous waste that | 19 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 20 | | (i) Before issuing any RCRA permit, any permit for a waste | 21 | | storage site,
sanitary landfill, waste disposal site, waste | 22 | | transfer station, waste treatment
facility, waste incinerator, | 23 | | or any waste-transportation operation, or any permit or interim | 24 | | authorization for a clean construction or demolition debris | 25 | | fill operation, or any permit required under subsection (d-5) | 26 | | of Section 55, the Agency
shall conduct an evaluation of the |
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| 1 | | prospective owner's or operator's prior
experience in waste | 2 | | management operations , and clean construction or demolition | 3 | | debris fill operations , and tire storage site management . The | 4 | | Agency may deny such a permit, or deny or revoke interim | 5 | | authorization,
if the prospective owner or operator or any | 6 | | employee or officer of the
prospective owner or operator has a | 7 | | history of:
| 8 | | (1) repeated violations of federal, State, or local | 9 | | laws, regulations,
standards, or ordinances in the | 10 | | operation of waste management facilities or
sites , or clean | 11 | | construction or demolition debris fill operation | 12 | | facilities or sites , or tire storage sites ; or
| 13 | | (2) conviction in this or another State of any crime | 14 | | which is a felony
under the laws of this State, or | 15 | | conviction of a felony in a federal court; or conviction in | 16 | | this or another state or federal court of any of the | 17 | | following crimes: forgery, official misconduct, bribery, | 18 | | perjury, or knowingly submitting false information under | 19 | | any environmental law, regulation, or permit term or | 20 | | condition; or
| 21 | | (3) proof of gross carelessness or incompetence in | 22 | | handling, storing,
processing, transporting or disposing | 23 | | of waste , or clean construction or demolition debris , or | 24 | | used or waste tires , or proof of gross carelessness or | 25 | | incompetence in using clean construction or demolition | 26 | | debris as fill.
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| 1 | | (i-5) Before issuing any permit or approving any interim | 2 | | authorization for a clean construction or demolition debris | 3 | | fill operation in which any ownership interest is transferred | 4 | | between January 1, 2005, and the effective date of the | 5 | | prohibition set forth in Section 22.52 of this Act, the Agency | 6 | | shall conduct an evaluation of the operation if any previous | 7 | | activities at the site or facility may have caused or allowed | 8 | | contamination of the site. It shall be the responsibility of | 9 | | the owner or operator seeking the permit or interim | 10 | | authorization to provide to the Agency all of the information | 11 | | necessary for the Agency to conduct its evaluation. The Agency | 12 | | may deny a permit or interim authorization if previous | 13 | | activities at the site may have caused or allowed contamination | 14 | | at the site, unless such contamination is authorized under any | 15 | | permit issued by the Agency.
| 16 | | (j) The issuance under this Act of a permit to engage in | 17 | | the surface mining
of any resources other than fossil fuels | 18 | | shall not relieve
the permittee from its duty to comply with | 19 | | any applicable local law regulating
the commencement, location | 20 | | or operation of surface mining facilities.
| 21 | | (k) A development permit issued under subsection (a) of | 22 | | Section 39 for any
facility or site which is required to have a | 23 | | permit under subsection (d) of
Section 21 shall expire at the | 24 | | end of 2 calendar years from the date upon which
it was issued, | 25 | | unless within that period the applicant has taken action to
| 26 | | develop the facility or the site. In the event that review of |
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| 1 | | the
conditions of the development permit is sought pursuant to | 2 | | Section 40 or
41, or permittee is prevented from commencing | 3 | | development of the facility
or site by any other litigation | 4 | | beyond the permittee's control, such
two-year period shall be | 5 | | deemed to begin on the date upon which such review
process or | 6 | | litigation is concluded.
| 7 | | (l) No permit shall be issued by the Agency under this Act | 8 | | for
construction or operation of any facility or site located | 9 | | within the
boundaries of any setback zone established pursuant | 10 | | to this Act, where such
construction or operation is | 11 | | prohibited.
| 12 | | (m) The Agency may issue permits to persons owning or | 13 | | operating
a facility for composting landscape waste. In | 14 | | granting such permits, the Agency
may impose such conditions as | 15 | | may be necessary to accomplish the purposes of
this Act, and as | 16 | | are not inconsistent with applicable regulations promulgated
| 17 | | by the Board. Except as otherwise provided in this Act, a bond | 18 | | or other
security shall not be required as a condition for the | 19 | | issuance of a permit. If
the Agency denies any permit pursuant | 20 | | to this subsection, the Agency shall
transmit to the applicant | 21 | | within the time limitations of this subsection
specific, | 22 | | detailed statements as to the reasons the permit application | 23 | | was
denied. Such statements shall include but not be limited to | 24 | | the following:
| 25 | | (1) the Sections of this Act that may be violated if | 26 | | the permit
were granted;
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| 1 | | (2) the specific regulations promulgated pursuant to | 2 | | this
Act that may be violated if the permit were granted;
| 3 | | (3) the specific information, if any, the Agency deems | 4 | | the
applicant did not provide in its application to the | 5 | | Agency; and
| 6 | | (4) a statement of specific reasons why the Act and the | 7 | | regulations
might be violated if the permit were granted.
| 8 | | If no final action is taken by the Agency within 90 days | 9 | | after the filing
of the application for permit, the applicant | 10 | | may deem the permit issued.
Any applicant for a permit may | 11 | | waive the 90 day limitation by filing a
written statement with | 12 | | the Agency.
| 13 | | The Agency shall issue permits for such facilities upon | 14 | | receipt of an
application that includes a legal description of | 15 | | the site, a topographic
map of the site drawn to the scale of | 16 | | 200 feet to the inch or larger, a
description of the operation, | 17 | | including the area served, an estimate of
the volume of | 18 | | materials to be processed, and documentation that:
| 19 | | (1) the facility includes a setback of at
least 200 | 20 | | feet from the nearest potable water supply well;
| 21 | | (2) the facility is located outside the boundary
of the | 22 | | 10-year floodplain or the site will be floodproofed;
| 23 | | (3) the facility is located so as to minimize
| 24 | | incompatibility with the character of the surrounding | 25 | | area, including at
least a 200 foot setback from any | 26 | | residence, and in the case of a
facility that is developed |
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| 1 | | or the permitted composting area of which is
expanded after | 2 | | November 17, 1991, the composting area is located at least | 3 | | 1/8
mile from the nearest residence (other than a residence | 4 | | located on the same
property as the facility);
| 5 | | (4) the design of the facility will prevent any compost | 6 | | material from
being placed within 5 feet of the water | 7 | | table, will adequately control runoff
from the site, and | 8 | | will collect and manage any leachate that is generated on
| 9 | | the site;
| 10 | | (5) the operation of the facility will include | 11 | | appropriate dust
and odor control measures, limitations on | 12 | | operating hours, appropriate
noise control measures for | 13 | | shredding, chipping and similar equipment,
management | 14 | | procedures for composting, containment and disposal of
| 15 | | non-compostable wastes, procedures to be used for
| 16 | | terminating operations at the site, and recordkeeping | 17 | | sufficient to
document the amount of materials received, | 18 | | composted and otherwise
disposed of; and
| 19 | | (6) the operation will be conducted in accordance with | 20 | | any applicable
rules adopted by the Board.
| 21 | | The Agency shall issue renewable permits of not longer than | 22 | | 10 years
in duration for the composting of landscape wastes, as | 23 | | defined in Section
3.155 of this Act, based on the above | 24 | | requirements.
| 25 | | The operator of any facility permitted under this | 26 | | subsection (m) must
submit a written annual statement to the |
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| 1 | | Agency on or before April 1 of
each year that includes an | 2 | | estimate of the amount of material, in tons,
received for | 3 | | composting.
| 4 | | (n) The Agency shall issue permits jointly with the | 5 | | Department of
Transportation for the dredging or deposit of | 6 | | material in Lake Michigan in
accordance with Section 18 of the | 7 | | Rivers, Lakes, and Streams Act.
| 8 | | (o) (Blank.)
| 9 | | (p) (1) Any person submitting an application for a permit | 10 | | for a new MSWLF
unit or for a lateral expansion under | 11 | | subsection (t) of Section 21 of this Act
for an existing MSWLF | 12 | | unit that has not received and is not subject to local
siting | 13 | | approval under Section 39.2 of this Act shall publish notice of | 14 | | the
application in a newspaper of general circulation in the | 15 | | county in which the
MSWLF unit is or is proposed to be located. | 16 | | The notice must be published at
least 15 days before submission | 17 | | of the permit application to the Agency. The
notice shall state | 18 | | the name and address of the applicant, the location of the
| 19 | | MSWLF unit or proposed MSWLF unit, the nature and size of the | 20 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity | 21 | | proposed, the probable life of
the proposed activity, the date | 22 | | the permit application will be submitted, and a
statement that | 23 | | persons may file written comments with the Agency concerning | 24 | | the
permit application within 30 days after the filing of the | 25 | | permit application
unless the time period to submit comments is | 26 | | extended by the Agency.
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| 1 | | When a permit applicant submits information to the Agency | 2 | | to supplement a
permit application being reviewed by the | 3 | | Agency, the applicant shall not be
required to reissue the | 4 | | notice under this subsection.
| 5 | | (2) The Agency shall accept written comments concerning the | 6 | | permit
application that are postmarked no later than 30 days | 7 | | after the
filing of the permit application, unless the time | 8 | | period to accept comments is
extended by the Agency.
| 9 | | (3) Each applicant for a permit described in part (1) of | 10 | | this subsection
shall file a
copy of the permit application | 11 | | with the county board or governing body of the
municipality in | 12 | | which the MSWLF unit is or is proposed to be located at the
| 13 | | same time the application is submitted to the Agency. The | 14 | | permit application
filed with the county board or governing | 15 | | body of the municipality shall include
all documents submitted | 16 | | to or to be submitted to the Agency, except trade
secrets as | 17 | | determined under Section 7.1 of this Act. The permit | 18 | | application
and other documents on file with the county board | 19 | | or governing body of the
municipality shall be made available | 20 | | for public inspection during regular
business hours at the | 21 | | office of the county board or the governing body of the
| 22 | | municipality and may be copied upon payment of the actual cost | 23 | | of
reproduction.
| 24 | | (q) Within 6 months after the effective date of this | 25 | | amendatory Act of the 97th General Assembly, the Agency, in | 26 | | consultation with the regulated community, shall develop a web |
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| 1 | | portal to be posted on its website for the purpose of enhancing | 2 | | review and promoting timely issuance of permits required by | 3 | | this Act. At a minimum, the Agency shall make the following | 4 | | information available on the web portal: | 5 | | (1) Checklists and guidance relating to the completion | 6 | | of permit applications, developed pursuant to subsection | 7 | | (s) of this Section, which may include, but are not limited | 8 | | to, existing instructions for completing the applications | 9 | | and examples of complete applications. As the Agency | 10 | | develops new checklists and develops guidance, it shall | 11 | | supplement the web portal with those materials. | 12 | | (2) Within 2 years after the effective date of this | 13 | | amendatory Act of the 97th General Assembly, permit | 14 | | application forms or portions of permit applications that | 15 | | can be completed and saved electronically, and submitted to | 16 | | the Agency electronically with digital signatures. | 17 | | (3) Within 2 years after the effective date of this | 18 | | amendatory Act of the 97th General Assembly, an online | 19 | | tracking system where an applicant may review the status of | 20 | | its pending application, including the name and contact | 21 | | information of the permit analyst assigned to the | 22 | | application. Until the online tracking system has been | 23 | | developed, the Agency shall post on its website semi-annual | 24 | | permitting efficiency tracking reports that include | 25 | | statistics on the timeframes for Agency action on the | 26 | | following types of permits received after the effective |
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| 1 | | date of this amendatory Act of the 97th General Assembly: | 2 | | air construction permits, new NPDES permits and associated | 3 | | water construction permits, and modifications of major | 4 | | NPDES permits and associated water construction permits. | 5 | | The reports must be posted by February 1 and August 1 each | 6 | | year and shall include: | 7 | | (A) the number of applications received for each | 8 | | type of permit, the number of applications on which the | 9 | | Agency has taken action, and the number of applications | 10 | | still pending; and | 11 | | (B) for those applications where the Agency has not | 12 | | taken action in accordance with the timeframes set | 13 | | forth in this Act, the date the application was | 14 | | received and the reasons for any delays, which may | 15 | | include, but shall not be limited to, (i) the | 16 | | application being inadequate or incomplete, (ii) | 17 | | scientific or technical disagreements with the | 18 | | applicant, USEPA, or other local, state, or federal | 19 | | agencies involved in the permitting approval process, | 20 | | (iii) public opposition to the permit, or (iv) Agency | 21 | | staffing shortages. To the extent practicable, the | 22 | | tracking report shall provide approximate dates when | 23 | | cause for delay was identified by the Agency, when the | 24 | | Agency informed the applicant of the problem leading to | 25 | | the delay, and when the applicant remedied the reason | 26 | | for the delay. |
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| 1 | | (r) Upon the request of the applicant, the Agency shall | 2 | | notify the applicant of the permit analyst assigned to the | 3 | | application upon its receipt. | 4 | | (s) The Agency is authorized to prepare and distribute | 5 | | guidance documents relating to its administration of this | 6 | | Section and procedural rules implementing this Section. | 7 | | Guidance documents prepared under this subsection shall not be | 8 | | considered rules and shall not be subject to the Illinois | 9 | | Administrative Procedure Act. Such guidance shall not be | 10 | | binding on any party. | 11 | | (t) Except as otherwise prohibited by federal law or | 12 | | regulation, any person submitting an application for a permit | 13 | | may include with the application suggested permit language for | 14 | | Agency consideration. The Agency is not obligated to use the | 15 | | suggested language or any portion thereof in its permitting | 16 | | decision. If requested by the permit applicant, the Agency | 17 | | shall meet with the applicant to discuss the suggested | 18 | | language. | 19 | | (u) If requested by the permit applicant, the Agency shall | 20 | | provide the permit applicant with a copy of the draft permit | 21 | | prior to any public review period. | 22 | | (v) If requested by the permit applicant, the Agency shall | 23 | | provide the permit applicant with a copy of the final permit | 24 | | prior to its issuance. | 25 | | (w) An air pollution permit shall not be required due to | 26 | | emissions of greenhouse gases, as specified by Section 9.15 of |
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| 1 | | this Act. | 2 | | (x) If, before the expiration of a State operating permit | 3 | | that is issued pursuant to subsection (a) of this Section and | 4 | | contains federally enforceable conditions limiting the | 5 | | potential to emit of the source to a level below the major | 6 | | source threshold for that source so as to exclude the source | 7 | | from the Clean Air Act Permit Program, the Agency receives a | 8 | | complete application for the renewal of that permit, then all | 9 | | of the terms and conditions of the permit shall remain in | 10 | | effect until final administrative action has been taken on the | 11 | | application for the renewal of the permit. | 12 | | (Source: P.A. 97-95, eff. 7-12-11; 98-284, eff. 8-9-13.)
| 13 | | Section 10. The Uniform Environmental Covenants Act is | 14 | | amended by changing Sections 2 and 11 as follows: | 15 | | (765 ILCS 122/2)
| 16 | | Sec. 2. Definitions. In this Act: | 17 | | (1) "Activity and use limitations" means restrictions or | 18 | | obligations created under this Act with respect to real | 19 | | property.
| 20 | | (2) "Agency" means the Illinois Environmental Protection | 21 | | Agency or any other State or federal agency that determines or | 22 | | approves the environmental response project pursuant to which | 23 | | the environmental covenant is created. | 24 | | "Board" means the Pollution Control Board established by |
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| 1 | | the Environmental Protection Act. | 2 | | (3) "Common interest community" means a condominium, | 3 | | cooperative, or other real property with respect to which a | 4 | | person, by virtue of the person's ownership of a parcel of real | 5 | | property, is obligated to pay property taxes or insurance | 6 | | premiums, or for maintenance, or improvement of other real | 7 | | property described in a recorded covenant that creates the | 8 | | common interest community. | 9 | | (4) "Environmental covenant" means a servitude that (i) | 10 | | arises arising under an environmental response project or under | 11 | | a court or Board order and (ii) that imposes activity and use | 12 | | limitations. | 13 | | (5) "Environmental response project" means a plan or work | 14 | | that is: | 15 | | (1) approved or overseen by an agency; and | 16 | | (2) performed for environmental remediation of any | 17 | | site or facility in response to contamination at any one or | 18 | | more of real property at the following sites or facilities: | 19 | | (A) all sites or facilities that are listed as | 20 | | proposed or final on the National Priorities List | 21 | | pursuant to Section 105 of the Comprehensive | 22 | | Environmental Response, Compensation and Liability Act | 23 | | of 1980, as amended (42 U.S.C. 9601 et seq.); | 24 | | (B) all sites or facilities undergoing remediation | 25 | | pursuant to an administrative order issued pursuant to | 26 | | Section 106 of the Comprehensive Environmental |
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| 1 | | Response, Compensation and Liability Act of 1980, as | 2 | | amended (42 U.S.C. 9601 et seq.); | 3 | | (C) all sites or facilities that are or were | 4 | | formerly owned or operated by a department, agency, or | 5 | | instrumentality of the United States that are | 6 | | undergoing remediation pursuant to Section 120 of the | 7 | | Comprehensive Environmental Response, Compensation and | 8 | | Liability Act of 1980, as amended (42 U.S.C. 9601 et | 9 | | seq.); | 10 | | (D) all sites or facilities undergoing remediation | 11 | | pursuant to a settlement agreement pursuant to Section | 12 | | 122 of the Comprehensive Environmental Response, | 13 | | Compensation and Liability Act of 1980, as amended (42 | 14 | | U.S.C. 9601 et seq.); | 15 | | (E) all sites or facilities undergoing remediation | 16 | | pursuant to Section 3008(h) of the Resource | 17 | | Conservation and Recovery Act of 1976 (42 U.S.C. 6901 | 18 | | et seq.); | 19 | | (F) all sites or facilities undergoing remediation | 20 | | pursuant to Section 7003 of the Resource Conservation | 21 | | and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); or | 22 | | (G) all sites or facilities undergoing remediation | 23 | | pursuant to a court or Board board order issued | 24 | | pursuant to the Illinois Environmental Protection Act | 25 | | (415 ILCS 5/1 et seq.) with the approval of the Agency ; | 26 | | or . |
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| 1 | | (H) sites or facilities undergoing remediation | 2 | | pursuant to a Compliance Commitment Agreement entered | 3 | | into under Section 31 of the Environmental Protection | 4 | | Act. | 5 | | (6) "Holder" means the grantee of an environmental covenant | 6 | | as specified in Section 3(a). | 7 | | (7) "Person" means an individual, corporation, business | 8 | | trust, estate, trust, partnership, limited liability company, | 9 | | association, joint venture, public corporation, government, | 10 | | governmental subdivision, agency, or instrumentality, or any | 11 | | other legal or commercial entity. | 12 | | (8) "Prior interest" means a preceding or senior interest, | 13 | | in time or in right, that is recorded with respect to the real | 14 | | property, including but not limited to a mortgage, easement, or | 15 | | other interest, lien, or encumbrance predating the recording of | 16 | | an environmental covenant. | 17 | | (9) "Record", used as a noun, means information that is | 18 | | inscribed on a tangible medium or that is stored in an | 19 | | electronic or other medium and is retrievable in perceivable | 20 | | form. | 21 | | (10) "State" means a state of the United States, the | 22 | | District of Columbia, Puerto Rico, the United States Virgin | 23 | | Islands, or any territory or insular possession subject to the | 24 | | jurisdiction of the United States.
| 25 | | (Source: P.A. 95-845, eff. 1-1-09.) |
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| 1 | | (765 ILCS 122/11)
| 2 | | Sec. 11. Enforcement of environmental covenant. | 3 | | (a) A civil action for injunctive or other equitable relief | 4 | | for violation of an environmental covenant may be maintained | 5 | | by: | 6 | | (1) A party to the covenant. | 7 | | (2) The agency or, if it is not the agency, the | 8 | | Illinois Environmental Protection Agency. | 9 | | (3) Any person to whom the covenant expressly grants | 10 | | power to enforce. | 11 | | (4) A person whose interest in the real property or | 12 | | whose collateral or liability may be affected by the | 13 | | alleged violation of the covenant. | 14 | | (5) A municipality or other unit of local government in | 15 | | which the real property subject to the covenant is located. | 16 | | (6) Any agency that is enforcing the terms of any court | 17 | | or Board order. | 18 | | (b) This Act does not limit the regulatory authority of the | 19 | | agency or the Illinois Environmental Protection Agency under | 20 | | law other than this Act with respect to an environmental | 21 | | response project. | 22 | | (c) A person is not responsible for or subject to liability | 23 | | for environmental remediation solely because it has the right | 24 | | to enforce an environmental covenant.
| 25 | | (Source: P.A. 95-845, eff. 1-1-09.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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