Illinois General Assembly - Full Text of HB3819
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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,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing 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
9the construction, installation, or operation of any type of
10facility, equipment, vehicle, vessel, or aircraft, the
11applicant shall apply to the Agency for such permit and it
12shall be the duty of the Agency to issue such a permit upon
13proof by the applicant that the facility, equipment, vehicle,
14vessel, or aircraft will not cause a violation of this Act or
15of regulations hereunder. The Agency shall adopt such
16procedures as are necessary to carry out its duties under this
17Section. In making its determinations on permit applications
18under this Section the Agency may consider prior adjudications
19of noncompliance with this Act by the applicant that involved a
20release of a contaminant into the environment. In granting
21permits, the Agency may impose reasonable conditions
22specifically related to the applicant's past compliance
23history with this Act as necessary to correct, detect, or

 

 

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1prevent noncompliance. The Agency may impose such other
2conditions as may be necessary to accomplish the purposes of
3this Act, and as are not inconsistent with the regulations
4promulgated by the Board hereunder. Except as otherwise
5provided in this Act, a bond or other security shall not be
6required as a condition for the issuance of a permit. If the
7Agency denies any permit under this Section, the Agency shall
8transmit to the applicant within the time limitations of this
9Section specific, detailed statements as to the reasons the
10permit application was denied. Such statements shall include,
11but 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
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

 

 

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1public hearing are required by State or federal law or
2regulation, (2) the application which was filed is for any
3permit to develop a landfill subject to issuance pursuant to
4this subsection, or (3) the application that was filed is for a
5MSWLF unit required to issue public notice under subsection (p)
6of Section 39. The 90-day and 180-day time periods for the
7Agency to take final action do not apply to NPDES permit
8applications under subsection (b) of this Section, to RCRA
9permit applications under subsection (d) of this Section, or to
10UIC permit applications under subsection (e) of this Section.
11    The Agency shall publish notice of all final permit
12determinations for development permits for MSWLF units and for
13significant permit modifications for lateral expansions for
14existing MSWLF units one time in a newspaper of general
15circulation in the county in which the unit is or is proposed
16to be located.
17    After January 1, 1994 and until July 1, 1998, operating
18permits issued under this Section by the Agency for sources of
19air pollution permitted to emit less than 25 tons per year of
20any combination of regulated air pollutants, as defined in
21Section 39.5 of this Act, shall be required to be renewed only
22upon written request by the Agency consistent with applicable
23provisions of this Act and regulations promulgated hereunder.
24Such operating permits shall expire 180 days after the date of
25such a request. The Board shall revise its regulations for the
26existing State air pollution operating permit program

 

 

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1consistent with this provision by January 1, 1994.
2    After June 30, 1998, operating permits issued under this
3Section by the Agency for sources of air pollution that are not
4subject to Section 39.5 of this Act and are not required to
5have a federally enforceable State operating permit shall be
6required to be renewed only upon written request by the Agency
7consistent with applicable provisions of this Act and its
8rules. Such operating permits shall expire 180 days after the
9date of such a request. Before July 1, 1998, the Board shall
10revise its rules for the existing State air pollution operating
11permit program consistent with this paragraph and shall adopt
12rules that require a source to demonstrate that it qualifies
13for a permit under this paragraph.
14    (b) The Agency may issue NPDES permits exclusively under
15this subsection for the discharge of contaminants from point
16sources into navigable waters, all as defined in the Federal
17Water Pollution Control Act, as now or hereafter amended,
18within the jurisdiction of the State, or into any well.
19    All NPDES permits shall contain those terms and conditions,
20including but not limited to schedules of compliance, which may
21be required to accomplish the purposes and provisions of this
22Act.
23    The Agency may issue general NPDES permits for discharges
24from categories of point sources which are subject to the same
25permit limitations and conditions. Such general permits may be
26issued without individual applications and shall conform to

 

 

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1regulations promulgated under Section 402 of the Federal Water
2Pollution Control Act, as now or hereafter amended.
3    The Agency may include, among such conditions, effluent
4limitations and other requirements established under this Act,
5Board regulations, the Federal Water Pollution Control Act, as
6now or hereafter amended, and regulations pursuant thereto, and
7schedules for achieving compliance therewith at the earliest
8reasonable date.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of NPDES
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Federal Water Pollution
13Control Act, as now or hereafter amended, and regulations
14pursuant thereto.
15    The Agency, subject to any conditions which may be
16prescribed by Board regulations, may issue NPDES permits to
17allow discharges beyond deadlines established by this Act or by
18regulations of the Board without the requirement of a variance,
19subject to the Federal Water Pollution Control Act, as now or
20hereafter amended, and regulations pursuant thereto.
21    (c) Except for those facilities owned or operated by
22sanitary districts organized under the Metropolitan Water
23Reclamation District Act, no permit for the development or
24construction of a new pollution control facility may be granted
25by the Agency unless the applicant submits proof to the Agency
26that the location of the facility has been approved by the

 

 

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1County Board of the county if in an unincorporated area, or the
2governing body of the municipality when in an incorporated
3area, in which the facility is to be located in accordance with
4Section 39.2 of this Act. For purposes of this subsection (c),
5and for purposes of Section 39.2 of this Act, the appropriate
6county board or governing body of the municipality shall be the
7county board of the county or the governing body of the
8municipality in which the facility is to be located as of the
9date when the application for siting approval is filed.
10    In the event that siting approval granted pursuant to
11Section 39.2 has been transferred to a subsequent owner or
12operator, that subsequent owner or operator may apply to the
13Agency for, and the Agency may grant, a development or
14construction permit for the facility for which local siting
15approval was granted. Upon application to the Agency for a
16development or construction permit by that subsequent owner or
17operator, the permit applicant shall cause written notice of
18the permit application to be served upon the appropriate county
19board or governing body of the municipality that granted siting
20approval for that facility and upon any party to the siting
21proceeding pursuant to which siting approval was granted. In
22that event, the Agency shall conduct an evaluation of the
23subsequent owner or operator's prior experience in waste
24management 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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1facility consists of a hazardous or solid waste disposal
2facility for which the proposed site is located in an
3unincorporated area of a county with a population of less than
4100,000 and includes all or a portion of a parcel of land that
5was, on April 1, 1993, adjacent to a municipality having a
6population of less than 5,000, then the local siting review
7required under this subsection (c) in conjunction with any
8permit applied for after that date shall be performed by the
9governing body of that adjacent municipality rather than the
10county board of the county in which the proposed site is
11located; and for the purposes of that local siting review, any
12references in this Act to the county board shall be deemed to
13mean the governing body of that adjacent municipality;
14provided, however, that the provisions of this paragraph shall
15not apply to any proposed site which was, on April 1, 1993,
16owned in whole or in part by another municipality.
17    In the case of a pollution control facility for which a
18development permit was issued before November 12, 1981, if an
19operating permit has not been issued by the Agency prior to
20August 31, 1989 for any portion of the facility, then the
21Agency may not issue or renew any development permit nor issue
22an original operating permit for any portion of such facility
23unless the applicant has submitted proof to the Agency that the
24location of the facility has been approved by the appropriate
25county board or municipal governing body pursuant to Section
2639.2 of this Act.

 

 

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1    After January 1, 1994, if a solid waste disposal facility,
2any portion for which an operating permit has been issued by
3the Agency, has not accepted waste disposal for 5 or more
4consecutive calendars years, before that facility may accept
5any new or additional waste for disposal, the owner and
6operator must obtain a new operating permit under this Act for
7that facility unless the owner and operator have applied to the
8Agency for a permit authorizing the temporary suspension of
9waste acceptance. The Agency may not issue a new operation
10permit under this Act for the facility unless the applicant has
11submitted proof to the Agency that the location of the facility
12has been approved or re-approved by the appropriate county
13board or municipal governing body under Section 39.2 of this
14Act after the facility ceased accepting waste.
15    Except for those facilities owned or operated by sanitary
16districts organized under the Metropolitan Water Reclamation
17District Act, and except for new pollution control facilities
18governed by Section 39.2, and except for fossil fuel mining
19facilities, the granting of a permit under this Act shall not
20relieve the applicant from meeting and securing all necessary
21zoning approvals from the unit of government having zoning
22jurisdiction over the proposed facility.
23    Before beginning construction on any new sewage treatment
24plant or sludge drying site to be owned or operated by a
25sanitary district organized under the Metropolitan Water
26Reclamation District Act for which a new permit (rather than

 

 

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1the renewal or amendment of an existing permit) is required,
2such sanitary district shall hold a public hearing within the
3municipality within which the proposed facility is to be
4located, or within the nearest community if the proposed
5facility is to be located within an unincorporated area, at
6which information concerning the proposed facility shall be
7made available to the public, and members of the public shall
8be given the opportunity to express their views concerning the
9proposed facility.
10    The Agency may issue a permit for a municipal waste
11transfer station without requiring approval pursuant to
12Section 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
2this subsection to persons owning or operating a facility for
3the treatment, storage, or disposal of hazardous waste as
4defined under this Act.
5    All RCRA permits shall contain those terms and conditions,
6including but not limited to schedules of compliance, which may
7be required to accomplish the purposes and provisions of this
8Act. The Agency may include among such conditions standards and
9other requirements established under this Act, Board
10regulations, the Resource Conservation and Recovery Act of 1976
11(P.L. 94-580), as amended, and regulations pursuant thereto,
12and may include schedules for achieving compliance therewith as
13soon as possible. The Agency shall require that a performance
14bond or other security be provided as a condition for the
15issuance of a RCRA permit.
16    In the case of a permit to operate a hazardous waste or PCB
17incinerator as defined in subsection (k) of Section 44, the
18Agency shall require, as a condition of the permit, that the
19operator of the facility perform such analyses of the waste to
20be incinerated as may be necessary and appropriate to ensure
21the safe operation of the incinerator.
22    The Agency shall adopt filing requirements and procedures
23which are necessary and appropriate for the issuance of RCRA
24permits, and which are consistent with the Act or regulations
25adopted by the Board, and with the Resource Conservation and
26Recovery Act of 1976 (P.L. 94-580), as amended, and regulations

 

 

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1pursuant thereto.
2    The applicant shall make available to the public for
3inspection all documents submitted by the applicant to the
4Agency in furtherance of an application, with the exception of
5trade secrets, at the office of the county board or governing
6body of the municipality. Such documents may be copied upon
7payment of the actual cost of reproduction during regular
8business hours of the local office. The Agency shall issue a
9written statement concurrent with its grant or denial of the
10permit explaining the basis for its decision.
11    (e) The Agency may issue UIC permits exclusively under this
12subsection to persons owning or operating a facility for the
13underground injection of contaminants as defined under this
14Act.
15    All UIC permits shall contain those terms and conditions,
16including but not limited to schedules of compliance, which may
17be required to accomplish the purposes and provisions of this
18Act. The Agency may include among such conditions standards and
19other requirements established under this Act, Board
20regulations, the Safe Drinking Water Act (P.L. 93-523), as
21amended, and regulations pursuant thereto, and may include
22schedules for achieving compliance therewith. The Agency shall
23require that a performance bond or other security be provided
24as a condition for the issuance of a UIC permit.
25    The Agency shall adopt filing requirements and procedures
26which are necessary and appropriate for the issuance of UIC

 

 

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1permits, and which are consistent with the Act or regulations
2adopted 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
5inspection, all documents submitted by the applicant to the
6Agency in furtherance of an application, with the exception of
7trade secrets, at the office of the county board or governing
8body of the municipality. Such documents may be copied upon
9payment of the actual cost of reproduction during regular
10business hours of the local office. The Agency shall issue a
11written statement concurrent with its grant or denial of the
12permit explaining the basis for its decision.
13    (f) In making any determination pursuant to Section 9.1 of
14this 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
8issued for hazardous waste disposal sites such restrictions
9upon the future use of such sites as are reasonably necessary
10to protect public health and the environment, including
11permanent prohibition of the use of such sites for purposes
12which may create an unreasonable risk of injury to human health
13or to the environment. After administrative and judicial
14challenges to such restrictions have been exhausted, the Agency
15shall file such restrictions of record in the Office of the
16Recorder of the county in which the hazardous waste disposal
17site is located.
18    (h) A hazardous waste stream may not be deposited in a
19permitted hazardous waste site unless specific authorization
20is obtained from the Agency by the generator and disposal site
21owner and operator for the deposit of that specific hazardous
22waste stream. The Agency may grant specific authorization for
23disposal of hazardous waste streams only after the generator
24has reasonably demonstrated that, considering technological
25feasibility and economic reasonableness, the hazardous waste
26cannot be reasonably recycled for reuse, nor incinerated or

 

 

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1chemically, physically or biologically treated so as to
2neutralize the hazardous waste and render it nonhazardous. In
3granting authorization under this Section, the Agency may
4impose such conditions as may be necessary to accomplish the
5purposes of the Act and are consistent with this Act and
6regulations promulgated by the Board hereunder. If the Agency
7refuses to grant authorization under this Section, the
8applicant may appeal as if the Agency refused to grant a
9permit, pursuant to the provisions of subsection (a) of Section
1040 of this Act. For purposes of this subsection (h), the term
11"generator" has the meaning given in Section 3.205 of this Act,
12unless: (1) the hazardous waste is treated, incinerated, or
13partially recycled for reuse prior to disposal, in which case
14the last person who treats, incinerates, or partially recycles
15the hazardous waste prior to disposal is the generator; or (2)
16the hazardous waste is from a response action, in which case
17the person performing the response action is the generator.
18This subsection (h) does not apply to any hazardous waste that
19is restricted from land disposal under 35 Ill. Adm. Code 728.
20    (i) Before issuing any RCRA permit, any permit for a waste
21storage site, sanitary landfill, waste disposal site, waste
22transfer station, waste treatment facility, waste incinerator,
23or any waste-transportation operation, or any permit or interim
24authorization for a clean construction or demolition debris
25fill operation, or any permit required under subsection (d-5)
26of Section 55, the Agency shall conduct an evaluation of the

 

 

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1prospective owner's or operator's prior experience in waste
2management operations, and clean construction or demolition
3debris fill operations, and tire storage site management. The
4Agency may deny such a permit, or deny or revoke interim
5authorization, if the prospective owner or operator or any
6employee or officer of the prospective owner or operator has a
7history 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
2authorization for a clean construction or demolition debris
3fill operation in which any ownership interest is transferred
4between January 1, 2005, and the effective date of the
5prohibition set forth in Section 22.52 of this Act, the Agency
6shall conduct an evaluation of the operation if any previous
7activities at the site or facility may have caused or allowed
8contamination of the site. It shall be the responsibility of
9the owner or operator seeking the permit or interim
10authorization to provide to the Agency all of the information
11necessary for the Agency to conduct its evaluation. The Agency
12may deny a permit or interim authorization if previous
13activities at the site may have caused or allowed contamination
14at the site, unless such contamination is authorized under any
15permit issued by the Agency.
16    (j) The issuance under this Act of a permit to engage in
17the surface mining of any resources other than fossil fuels
18shall not relieve the permittee from its duty to comply with
19any applicable local law regulating the commencement, location
20or operation of surface mining facilities.
21    (k) A development permit issued under subsection (a) of
22Section 39 for any facility or site which is required to have a
23permit under subsection (d) of Section 21 shall expire at the
24end of 2 calendar years from the date upon which it was issued,
25unless within that period the applicant has taken action to
26develop the facility or the site. In the event that review of

 

 

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1the conditions of the development permit is sought pursuant to
2Section 40 or 41, or permittee is prevented from commencing
3development of the facility or site by any other litigation
4beyond the permittee's control, such two-year period shall be
5deemed to begin on the date upon which such review process or
6litigation is concluded.
7    (l) No permit shall be issued by the Agency under this Act
8for construction or operation of any facility or site located
9within the boundaries of any setback zone established pursuant
10to this Act, where such construction or operation is
11prohibited.
12    (m) The Agency may issue permits to persons owning or
13operating a facility for composting landscape waste. In
14granting such permits, the Agency may impose such conditions as
15may be necessary to accomplish the purposes of this Act, and as
16are not inconsistent with applicable regulations promulgated
17by the Board. Except as otherwise provided in this Act, a bond
18or other security shall not be required as a condition for the
19issuance of a permit. If the Agency denies any permit pursuant
20to this subsection, the Agency shall transmit to the applicant
21within the time limitations of this subsection specific,
22detailed statements as to the reasons the permit application
23was denied. Such statements shall include but not be limited to
24the 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
9after the filing of the application for permit, the applicant
10may deem the permit issued. Any applicant for a permit may
11waive the 90 day limitation by filing a written statement with
12the Agency.
13    The Agency shall issue permits for such facilities upon
14receipt of an application that includes a legal description of
15the site, a topographic map of the site drawn to the scale of
16200 feet to the inch or larger, a description of the operation,
17including the area served, an estimate of the volume of
18materials 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
2210 years in duration for the composting of landscape wastes, as
23defined in Section 3.155 of this Act, based on the above
24requirements.
25    The operator of any facility permitted under this
26subsection (m) must submit a written annual statement to the

 

 

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1Agency on or before April 1 of each year that includes an
2estimate of the amount of material, in tons, received for
3composting.
4    (n) The Agency shall issue permits jointly with the
5Department of Transportation for the dredging or deposit of
6material in Lake Michigan in accordance with Section 18 of the
7Rivers, Lakes, and Streams Act.
8    (o) (Blank.)
9    (p) (1) Any person submitting an application for a permit
10for a new MSWLF unit or for a lateral expansion under
11subsection (t) of Section 21 of this Act for an existing MSWLF
12unit that has not received and is not subject to local siting
13approval under Section 39.2 of this Act shall publish notice of
14the application in a newspaper of general circulation in the
15county in which the MSWLF unit is or is proposed to be located.
16The notice must be published at least 15 days before submission
17of the permit application to the Agency. The notice shall state
18the name and address of the applicant, the location of the
19MSWLF unit or proposed MSWLF unit, the nature and size of the
20MSWLF unit or proposed MSWLF unit, the nature of the activity
21proposed, the probable life of the proposed activity, the date
22the permit application will be submitted, and a statement that
23persons may file written comments with the Agency concerning
24the permit application within 30 days after the filing of the
25permit application unless the time period to submit comments is
26extended by the Agency.

 

 

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1    When a permit applicant submits information to the Agency
2to supplement a permit application being reviewed by the
3Agency, the applicant shall not be required to reissue the
4notice under this subsection.
5    (2) The Agency shall accept written comments concerning the
6permit application that are postmarked no later than 30 days
7after the filing of the permit application, unless the time
8period to accept comments is extended by the Agency.
9    (3) Each applicant for a permit described in part (1) of
10this subsection shall file a copy of the permit application
11with the county board or governing body of the municipality in
12which the MSWLF unit is or is proposed to be located at the
13same time the application is submitted to the Agency. The
14permit application filed with the county board or governing
15body of the municipality shall include all documents submitted
16to or to be submitted to the Agency, except trade secrets as
17determined under Section 7.1 of this Act. The permit
18application and other documents on file with the county board
19or governing body of the municipality shall be made available
20for public inspection during regular business hours at the
21office of the county board or the governing body of the
22municipality and may be copied upon payment of the actual cost
23of reproduction.
24    (q) Within 6 months after the effective date of this
25amendatory Act of the 97th General Assembly, the Agency, in
26consultation with the regulated community, shall develop a web

 

 

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1portal to be posted on its website for the purpose of enhancing
2review and promoting timely issuance of permits required by
3this Act. At a minimum, the Agency shall make the following
4information 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
2notify the applicant of the permit analyst assigned to the
3application upon its receipt.
4    (s) The Agency is authorized to prepare and distribute
5guidance documents relating to its administration of this
6Section and procedural rules implementing this Section.
7Guidance documents prepared under this subsection shall not be
8considered rules and shall not be subject to the Illinois
9Administrative Procedure Act. Such guidance shall not be
10binding on any party.
11    (t) Except as otherwise prohibited by federal law or
12regulation, any person submitting an application for a permit
13may include with the application suggested permit language for
14Agency consideration. The Agency is not obligated to use the
15suggested language or any portion thereof in its permitting
16decision. If requested by the permit applicant, the Agency
17shall meet with the applicant to discuss the suggested
18language.
19    (u) If requested by the permit applicant, the Agency shall
20provide the permit applicant with a copy of the draft permit
21prior to any public review period.
22    (v) If requested by the permit applicant, the Agency shall
23provide the permit applicant with a copy of the final permit
24prior to its issuance.
25    (w) An air pollution permit shall not be required due to
26emissions of greenhouse gases, as specified by Section 9.15 of

 

 

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1this Act.
2    (x) If, before the expiration of a State operating permit
3that is issued pursuant to subsection (a) of this Section and
4contains federally enforceable conditions limiting the
5potential to emit of the source to a level below the major
6source threshold for that source so as to exclude the source
7from the Clean Air Act Permit Program, the Agency receives a
8complete application for the renewal of that permit, then all
9of the terms and conditions of the permit shall remain in
10effect until final administrative action has been taken on the
11application 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
14amended 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
18obligations created under this Act with respect to real
19property.
20    (2) "Agency" means the Illinois Environmental Protection
21Agency or any other State or federal agency that determines or
22approves the environmental response project pursuant to which
23the environmental covenant is created.
24    "Board" means the Pollution Control Board established by

 

 

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1the Environmental Protection Act.
2    (3) "Common interest community" means a condominium,
3cooperative, or other real property with respect to which a
4person, by virtue of the person's ownership of a parcel of real
5property, is obligated to pay property taxes or insurance
6premiums, or for maintenance, or improvement of other real
7property described in a recorded covenant that creates the
8common interest community.
9    (4) "Environmental covenant" means a servitude that (i)
10arises arising under an environmental response project or under
11a court or Board order and (ii) that imposes activity and use
12limitations.
13    (5) "Environmental response project" means a plan or work
14that 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
6as specified in Section 3(a).
7    (7) "Person" means an individual, corporation, business
8trust, estate, trust, partnership, limited liability company,
9association, joint venture, public corporation, government,
10governmental subdivision, agency, or instrumentality, or any
11other legal or commercial entity.
12    (8) "Prior interest" means a preceding or senior interest,
13in time or in right, that is recorded with respect to the real
14property, including but not limited to a mortgage, easement, or
15other interest, lien, or encumbrance predating the recording of
16an environmental covenant.
17    (9) "Record", used as a noun, means information that is
18inscribed on a tangible medium or that is stored in an
19electronic or other medium and is retrievable in perceivable
20form.
21    (10) "State" means a state of the United States, the
22District of Columbia, Puerto Rico, the United States Virgin
23Islands, or any territory or insular possession subject to the
24jurisdiction 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
4for violation of an environmental covenant may be maintained
5by:
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
19agency or the Illinois Environmental Protection Agency under
20law other than this Act with respect to an environmental
21response project.
22    (c) A person is not responsible for or subject to liability
23for environmental remediation solely because it has the right
24to 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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1becoming law.