Full Text of HB5094 93rd General Assembly
HB5094sam001 93RD GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 4/22/2004
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| AMENDMENT TO HOUSE BILL 5094
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| AMENDMENT NO. ______. Amend House Bill 5094 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Sections 3.135 and 39 and by adding Section 9.14 as | 6 |
| follows:
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| (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
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| Sec. 3.135. Coal combustion by-product; CCB.
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| (a) "Coal combustion
by-product" (CCB) means coal | 10 |
| combustion waste when used beneficially for any of
the | 11 |
| following purposes: | 12 |
| (1) The extraction or recovery of material compounds | 13 |
| contained within CCB.
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| (2) The use of CCB as a raw ingredient or mineral filler in | 15 |
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manufacture of the following commercial products: cement; | 16 |
| concrete and concrete mortars; cementious
concrete products
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| including block, pipe and precast/prestressed components; | 18 |
| asphalt or cementious
cement
based roofing products
shingles ; | 19 |
| plastic products including pipes and fittings; paints
and metal | 20 |
| alloys ; kiln fired products including bricks, blocks, and | 21 |
| tiles; abrasive media; gypsum wallboard; asphaltic concrete, | 22 |
| or asphalt based paving material . | 23 |
| (3) CCB used (A) in accordance
conformance with the | 24 |
| Illinois Department of Transportation ("IDOT") Standard
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| specifications and subsection 10 of this Section or (B)
and
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| under the
approval of the Department of Transportation for IDOT | 3 |
| projects .
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| (4) Bottom ash used as antiskid material, athletic tracks, | 5 |
| or foot paths.
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| (5) Use as a substitute for lime (CaO and MgO) in the lime
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| stablization or modification of
soils providing the CCB meets | 8 |
| the IDOT
Illinois Department of Transportation
("IDOT")
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| specifications for soil modifiers
byproduct limes .
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| (6) CCB used as a functionally equivalent substitute for | 11 |
| agricultural lime
as a soil conditioner.
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| (7) Bottom ash used in non-IDOT pavement sub-base or base, | 13 |
| pipe bedding, or foundation
backfill.
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| (8) Structural fill, when used in an engineered application | 15 |
| or combined
with cement, sand, or water to produce a controlled | 16 |
| strength fill material
and covered with 12 inches of soil | 17 |
| unless infiltration is prevented by the
material itself or | 18 |
| other cover material.
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| (9) Mine subsidence, mine fire control, mine sealing, and | 20 |
| mine reclamation.
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| (10) Except to the extent that the uses are in strict | 22 |
| accordance with the appropriate ASTM standard below or are | 23 |
| otherwise authorized by law
without such restrictions, uses | 24 |
| (a)(3)(A) and (a) (7) through (9) shall be subject to the
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| following conditions:
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| (A) CCB shall not have been mixed with hazardous waste | 27 |
| prior to use;
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| (B) CCB shall not exceed Class I Groundwater Standards | 29 |
| for the following parameters
metals when
tested utilizing | 30 |
| test method ASTM D3987-85 : arsenic, barium, boron, | 31 |
| cadmium, antimony, beryllium, chloride, chromium, cobalt, | 32 |
| copper, iron, lead, manganese, mercury, nickel, selenium, | 33 |
| silver, sulfate, thallium, phenol, and zinc. The sample or | 34 |
| samples tested shall be representative of the CCB being |
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| considered for use ;
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| (C) Unless otherwise exempted, users of CCB shall | 3 |
| provide notification
to the Agency for each project | 4 |
| utilizing CCB documenting the quantity of CCB
utilized and | 5 |
| certification of compliance with conditions (a)(10) (A) and | 6 |
| (B) of this Section .
Notification shall not be required for | 7 |
| pavement base, parking lot base, or
building base projects | 8 |
| utilizing less than 10,000 tons, flowable fill/grout
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| projects utilizing less than 1,000 cubic yards or other | 10 |
| applications utilizing
less than 100 tons;
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| (D) Fly ash shall be managed
applied in a manner that | 12 |
| minimizes the generation
of airborne particles and dust | 13 |
| using techniques such as moisture conditioning,
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| granulating, inground application, or other demonstrated | 15 |
| method; and
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| (E) CCB is not to be accumulated speculatively. CCB is | 17 |
| not accumulated
speculatively if during the calendar year, | 18 |
| the CCB used is equal to 75% of the
CCB by weight or volume | 19 |
| accumulated at the beginning of the period ; and
.
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| (F) CCB shall include any prescribed mixture of fly | 21 |
| ash, bottom ash, boiler slag, flue gas desulfurization | 22 |
| scrubber sludge, fluidized bed combustion ash, and stoker | 23 |
| boiler ash and will be tested as intended for use.
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| (b) To encourage and promote the utilization of CCB in | 25 |
| productive and beneficial
applications, upon request by the | 26 |
| applicant, the Agency shall
may make a written beneficial use | 27 |
| determinations
determination that coal-combustion
waste is CCB | 28 |
| when used in a manner other than those uses specified in | 29 |
| subsection (a) of
that specified in this Section if the | 30 |
| applicant demonstrates that use of the coal-combustion waste | 31 |
| satisfies all of the following criteria: the use will not | 32 |
| cause, threaten, or allow the discharge of any contaminants | 33 |
| into the environment; the use will otherwise protect human | 34 |
| health and safety and the environment; and the use constitutes |
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| a legitimate use of the coal-combustion waste as an ingredient | 2 |
| or raw material that is an effective substitute for an | 3 |
| analogous ingredient or raw material
if
the use has been shown | 4 |
| to have no adverse environmental impact greater than the
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| beneficial uses specified, in consultation with the Department | 6 |
| of Mines and
Minerals, the Illinois Clean Coal Institute, the | 7 |
| Department of Transportation,
and such other agencies as may be | 8 |
| appropriate .
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| The Agency's beneficial use determinations may allow the | 10 |
| uses set forth in subsections (a)(3)(A) and (a)(7) through (9) | 11 |
| of this Section without the CCB being subject to the | 12 |
| restrictions set forth in subsection (a)(10)(B) and (E) of this | 13 |
| Section.
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| Within 90 days after the receipt of an application for a | 15 |
| beneficial use determination under this subsection (b), the | 16 |
| Agency shall, in writing, approve, disapprove, or approve with | 17 |
| conditions the beneficial use. Any disapproval or approval with | 18 |
| conditions shall include the Agency's reasons for the | 19 |
| disapproval or conditions. Failure of the Agency to issue a | 20 |
| decision within 90 days shall constitute disapproval of the | 21 |
| beneficial use request. These beneficial use determinations | 22 |
| are subject to review under Section 40 of this Act.
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| Any approval of a beneficial use under this subsection (b) | 24 |
| shall become effective upon the date of the Agency's written | 25 |
| decision and remain in effect for a period of 5 years. If an | 26 |
| applicant desires to continue a beneficial use after the | 27 |
| expiration of the 5-year period, the applicant must submit a | 28 |
| new application and fee in accordance with this subsection (b). | 29 |
| Coal-combustion waste for which a beneficial use is | 30 |
| approved pursuant to this subsection (b) shall be considered | 31 |
| CCB during the effective period of the approval as long as it | 32 |
| is used in accordance with the approval and any conditions. | 33 |
| The Board shall adopt rules establishing standards and | 34 |
| procedures for the Agency's issuance of beneficial use |
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| determinations under this subsection (b). The Board rules may | 2 |
| also, but are not required to, include standards and procedures | 3 |
| for the revocation of the beneficial use determinations. Prior | 4 |
| to the effective date of Board rules adopted under this | 5 |
| subsection (b), the Agency is authorized to make beneficial use | 6 |
| determinations in accordance with this subsection (b). | 7 |
| The Agency is authorized to prepare and distribute guidance | 8 |
| documents relative to its administration of this Section. | 9 |
| Guidance documents prepared under this subsection are not rules | 10 |
| for the purposes of the Illinois Administrative Procedure Act.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| (415 ILCS 5/9.14 new) | 13 |
| Sec. 9.14. Streamlining permitting requirements. | 14 |
| (a) The General Assembly finds that existing air pollution | 15 |
| permitting requirements should be streamlined or reduced, | 16 |
| where: | 17 |
| (1) There is no threat to the public health or welfare | 18 |
| from the streamlining; and | 19 |
| (2) The streamlining is not inconsistent with federal | 20 |
| law, regulation, or policy. | 21 |
| (b) Streamlining under this Section includes, but is not | 22 |
| limited to: | 23 |
| (1) The adoption of additional permit exemptions for | 24 |
| categories and classes of emission units; | 25 |
| (2) The adoption of provisions for permits by rule for | 26 |
| certain categories of minor sources for which such an | 27 |
| approach could be effectively utilized; | 28 |
| (3) The adoption of provisions to facilitate the | 29 |
| utilization of General Permits for categories of sources in | 30 |
| which a significant number of similar sources exist and the | 31 |
| permits could be effectively utilized, which permits may | 32 |
| provide for the addition and replacement of certain | 33 |
| emission units; and |
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| (4) For certain types of new or modified emission units | 2 |
| in appropriate circumstances, and at the applicant's own | 3 |
| risk, the adoption of provisions allowing an applicant to | 4 |
| commence construction of a emission unit before a permit is | 5 |
| issued but after a complete permit application has been | 6 |
| submitted. | 7 |
| (c) Consistent with these findings, the Board shall examine | 8 |
| the current scope of State air pollution control permit | 9 |
| requirements with the objective of creating additional permit | 10 |
| exemptions and eliminating permit requirements for | 11 |
| insignificant activities and emission units. The Agency shall | 12 |
| propose before January 1, 2005, and the Board shall adopt, | 13 |
| pursuant to Sections 27 and 28 of this Act, revisions to its | 14 |
| regulations reflecting the results of the permit streamlining | 15 |
| efforts, consistent with subsections (a) and (b) of this | 16 |
| Section. Specifically, the Board's revisions shall include, | 17 |
| but not be limited to, the following: | 18 |
| (1) The simplification or elimination of the | 19 |
| requirements for construction permits to replace or add air | 20 |
| pollution control equipment for existing emission units in | 21 |
| circumstances where: | 22 |
| (A) The existing emission unit is permitted and has | 23 |
| operated in compliance for the past year; | 24 |
| (B) The new control equipment will provide equal or | 25 |
| better control of the target pollutants; | 26 |
| (C) The new control device will not be accompanied | 27 |
| by a net increase in emissions of any collateral | 28 |
| pollutant; | 29 |
| (D) New or different regulatory requirements will | 30 |
| not apply or potentially apply to the unit; and | 31 |
| (E) The new air pollution control equipment will be | 32 |
| equipped with the instrumentation and monitoring | 33 |
| devices that are typically installed on the new | 34 |
| equipment of such type. |
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| (2) For permitted sources that have federally | 2 |
| enforceable state operating permits limiting their | 3 |
| potential to emit, the simplification or elimination of the | 4 |
| requirement for permitting of a proposed new or modified | 5 |
| emission unit in circumstances where: | 6 |
| (A) The potential to emit any regulated air | 7 |
| pollutant in the absence of air pollution control | 8 |
| equipment from the emission unit is less than 0.1 pound | 9 |
| per hour or whatever higher rate the Board deems | 10 |
| appropriate; | 11 |
| (B) The raw materials and fuels used or present in | 12 |
| the emission unit that cause or contribute to | 13 |
| emissions, based on the information contained in | 14 |
| Material Safety Data Sheets for those materials, do not | 15 |
| contain any hazardous air pollutants as defined under | 16 |
| Section 112(b) of the federal Clean Air Act; | 17 |
| (C) The emission unit is not subject to an emission | 18 |
| standard or other regulatory requirement pursuant to | 19 |
| Section 111 of the federal Clean Air Act; | 20 |
| (D) Potential emissions of regulated air | 21 |
| pollutants from the emission unit will not, in | 22 |
| combination with emissions from existing units or | 23 |
| other proposed units, trigger permitting requirements | 24 |
| under Section 39.5, permitting requirements under | 25 |
| Sections 165 or 173 of the federal Clean Air Act, or | 26 |
| the requirement to obtain a revised federally | 27 |
| enforceable state operating permit limiting the | 28 |
| source's potential to emit; and | 29 |
| (E) The source is not currently the subject of a | 30 |
| written compliance inquiry or formal enforcement | 31 |
| action by the State of Illinois or USEPA related to the | 32 |
| emissions of the source. | 33 |
| (3) For permitted sources that that are not major | 34 |
| sources subject to Section 39.5 and that do not have a |
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| federally enforceable state operating permit limiting | 2 |
| their potential to emit, the simplification or elimination | 3 |
| of the requirement for permitting of proposed new or | 4 |
| modified emission units before their construction and | 5 |
| operation in circumstances where: | 6 |
| (A) The potential to emit any regulated air | 7 |
| pollutant in the absence of air pollution control | 8 |
| equipment from the emission unit is either: | 9 |
| (i) Less than 0.1 pound per hour or whatever | 10 |
| higher rate the Board deems appropriate; or | 11 |
| (ii) Less than 0.5 pound per hour, or whatever | 12 |
| higher rate the Board deems appropriate, and the | 13 |
| permittee provides prior notification to the | 14 |
| Agency of the intent to construct or install the | 15 |
| unit; | 16 |
| (B) The emission unit is not subject to an emission | 17 |
| standard or other regulatory requirement under Section | 18 |
| 111 or 112 of the federal Clean Air Act; | 19 |
| (C) Potential emissions of regulated air | 20 |
| pollutants from the emission unit will not, in | 21 |
| combination with the emissions from existing units or | 22 |
| other proposed units, trigger permitting requirements | 23 |
| under Section 39.5 or the requirement to obtain a | 24 |
| federally enforceable permit limiting the source's | 25 |
| potential to emit; and | 26 |
| (D) The source is not currently the subject of a | 27 |
| written compliance inquiry or formal enforcement | 28 |
| action by the State of Illinois or USEPA related to the | 29 |
| emissions of the source.
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| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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| Sec. 39. Issuance of permits; procedures.
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| (a) When the Board has by regulation required a permit for
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| the construction, installation, or operation of any type of |
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| facility,
equipment, vehicle, vessel, or aircraft, the | 2 |
| applicant shall apply to
the Agency for such permit and it | 3 |
| shall be the duty of the Agency to
issue such a permit upon | 4 |
| proof by the applicant that the facility,
equipment, vehicle, | 5 |
| vessel, or aircraft will not cause a violation of
this Act or | 6 |
| of regulations hereunder. The Agency shall adopt such
| 7 |
| procedures as are necessary to carry out its duties under this | 8 |
| Section.
In making its determinations on permit applications | 9 |
| under this Section the Agency may consider prior adjudications | 10 |
| of
noncompliance with this Act by the applicant that involved a | 11 |
| release of a
contaminant into the environment. In granting | 12 |
| permits, the Agency
may impose reasonable conditions | 13 |
| specifically related to the applicant's past
compliance | 14 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 16 |
| conditions
as may be necessary to accomplish the purposes of | 17 |
| this Act, and as are not
inconsistent with the regulations | 18 |
| promulgated by the Board hereunder. Except as
otherwise | 19 |
| provided in this Act, a bond or other security shall not be | 20 |
| required
as a condition for the issuance of a permit. If the | 21 |
| Agency denies any permit
under this Section, the Agency shall | 22 |
| transmit to the applicant within the time
limitations of this | 23 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 25 |
| but not be
limited to the following:
| 26 |
| (i) the Sections of this Act which may be violated if | 27 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 29 |
| under this Act,
which may be violated if the permit were | 30 |
| granted;
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| (iii) the specific type of information, if any, which | 32 |
| the Agency
deems the applicant did not provide the Agency; | 33 |
| and
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| (iv) a statement of specific reasons why the Act and |
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| the regulations
might not be met if the permit were | 2 |
| granted.
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| If there is no final action by the Agency within 90 days | 4 |
| after the
filing of the application for permit, the applicant | 5 |
| may deem the permit
issued; except that this time period shall | 6 |
| be extended to 180 days when
(1) notice and opportunity for | 7 |
| public hearing are required by State or
federal law or | 8 |
| regulation, (2) the application which was filed is for
any | 9 |
| permit to develop a landfill subject to issuance pursuant to | 10 |
| this
subsection, or (3) the application that was filed is for a | 11 |
| MSWLF unit
required to issue public notice under subsection (p) | 12 |
| of Section 39. The
90-day and 180-day time periods for the | 13 |
| Agency to take final action do not
apply to NPDES permit | 14 |
| applications under subsection (b) of this Section,
to RCRA | 15 |
| permit applications under subsection (d) of this Section, or
to | 16 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 18 |
| determinations for
development permits for MSWLF units and for | 19 |
| significant permit modifications
for lateral expansions for | 20 |
| existing MSWLF units one time in a newspaper of
general | 21 |
| circulation in the county in which the unit is or is proposed | 22 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 24 |
| permits issued under
this Section by the
Agency for sources of | 25 |
| air pollution permitted to emit less than 25 tons
per year of | 26 |
| any combination of regulated air pollutants, as defined in
| 27 |
| Section 39.5 of this Act, shall be required to be renewed only | 28 |
| upon written
request by the Agency consistent with applicable | 29 |
| provisions of this Act and
regulations promulgated hereunder. | 30 |
| Such operating permits shall expire
180 days after the date of | 31 |
| such a request. The Board shall revise its
regulations for the | 32 |
| existing State air pollution operating permit program
| 33 |
| consistent with this provision by January 1, 1994.
| 34 |
| After June 30, 1998, operating permits issued under this |
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| Section by the
Agency for sources of air pollution that are not | 2 |
| subject to Section 39.5 of
this Act and are not required to | 3 |
| have a federally enforceable State operating
permit shall be | 4 |
| required to be renewed only upon written request by the Agency
| 5 |
| consistent with applicable provisions of this Act and its | 6 |
| rules. Such
operating permits shall expire 180 days after the | 7 |
| date of such a request.
Before July 1, 1998, the Board shall | 8 |
| revise its rules for the existing State
air pollution operating | 9 |
| permit program consistent with this paragraph and shall
adopt | 10 |
| rules that require a source to demonstrate that it qualifies | 11 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 13 |
| this
subsection for the discharge of contaminants from point | 14 |
| sources into
navigable waters, all as defined in the Federal | 15 |
| Water Pollution Control
Act, as now or hereafter amended, | 16 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 18 |
| including
but not limited to schedules of compliance, which may | 19 |
| be required to
accomplish the purposes and provisions of this | 20 |
| Act.
| 21 |
| The Agency may issue general NPDES permits for discharges | 22 |
| from categories
of point sources which are subject to the same | 23 |
| permit limitations and
conditions. Such general permits may be | 24 |
| issued without individual
applications and shall conform to | 25 |
| regulations promulgated under Section 402
of the Federal Water | 26 |
| Pollution Control Act, as now or hereafter amended.
| 27 |
| The Agency may include, among such conditions, effluent | 28 |
| limitations
and other requirements established under this Act, | 29 |
| Board regulations,
the Federal Water Pollution Control Act, as | 30 |
| now or hereafter amended, and
regulations pursuant thereto, and | 31 |
| schedules for achieving compliance
therewith at the earliest | 32 |
| reasonable date.
| 33 |
| The Agency shall adopt filing requirements and procedures | 34 |
| which are
necessary and appropriate for the issuance of NPDES |
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| permits, and which
are consistent with the Act or regulations | 2 |
| adopted by the Board, and
with the Federal Water Pollution | 3 |
| Control Act, as now or hereafter
amended, and regulations | 4 |
| pursuant thereto.
| 5 |
| The Agency, subject to any conditions which may be | 6 |
| prescribed by
Board regulations, may issue NPDES permits to | 7 |
| allow discharges beyond
deadlines established by this Act or by | 8 |
| regulations of the Board without
the requirement of a variance, | 9 |
| subject to the Federal Water Pollution
Control Act, as now or | 10 |
| hereafter amended, and regulations pursuant thereto.
| 11 |
| (c) Except for those facilities owned or operated by | 12 |
| sanitary districts
organized under the Metropolitan Water | 13 |
| Reclamation District Act, no
permit for the development or | 14 |
| construction of a new pollution control
facility may be granted | 15 |
| by the Agency unless the applicant submits proof to the
Agency | 16 |
| that the location of the facility has been approved by the | 17 |
| County Board
of the county if in an unincorporated area, or the | 18 |
| governing body of the
municipality when in an incorporated | 19 |
| area, in which the facility is to be
located in accordance with | 20 |
| Section 39.2 of this Act.
| 21 |
| In the event that siting approval granted pursuant to | 22 |
| Section 39.2 has
been transferred to a subsequent owner or | 23 |
| operator, that subsequent owner or
operator may apply to the | 24 |
| Agency for, and the Agency may grant, a development
or | 25 |
| construction permit for the facility for which local siting | 26 |
| approval was
granted. Upon application to the Agency for a | 27 |
| development or
construction permit by that subsequent owner or | 28 |
| operator,
the permit applicant shall cause written notice of | 29 |
| the permit application
to be served upon the appropriate county | 30 |
| board or governing body of the
municipality that granted siting | 31 |
| approval for that facility and upon any party
to the siting | 32 |
| proceeding pursuant to which siting approval was granted. In
| 33 |
| that event, the Agency shall conduct an evaluation of the | 34 |
| subsequent owner or
operator's prior experience in waste |
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| management operations in the manner
conducted under subsection | 2 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control | 4 |
| facility consists of a
hazardous or solid waste disposal | 5 |
| facility for which the proposed site is
located in an | 6 |
| unincorporated area of a county with a population of less than
| 7 |
| 100,000 and includes all or a portion of a parcel of land that | 8 |
| was, on April 1,
1993, adjacent to a municipality having a | 9 |
| population of less than 5,000, then
the local siting review | 10 |
| required under this subsection (c) in conjunction with
any | 11 |
| permit applied for after that date shall be performed by the | 12 |
| governing body
of that adjacent municipality rather than the | 13 |
| county board of the county in
which the proposed site is | 14 |
| located; and for the purposes of that local siting
review, any | 15 |
| references in this Act to the county board shall be deemed to | 16 |
| mean
the governing body of that adjacent municipality; | 17 |
| provided, however, that the
provisions of this paragraph shall | 18 |
| not apply to any proposed site which was, on
April 1, 1993, | 19 |
| owned in whole or in part by another municipality.
| 20 |
| In the case of a pollution control facility for which a
| 21 |
| development permit was issued before November 12, 1981, if an | 22 |
| operating
permit has not been issued by the Agency prior to | 23 |
| August 31, 1989 for
any portion of the facility, then the | 24 |
| Agency may not issue or renew any
development permit nor issue | 25 |
| an original operating permit for any portion of
such facility | 26 |
| unless the applicant has submitted proof to the Agency that the
| 27 |
| location of the facility has been approved by the appropriate | 28 |
| county board or
municipal governing body pursuant to Section | 29 |
| 39.2 of this Act.
| 30 |
| After January 1, 1994, if a solid waste
disposal facility, | 31 |
| any portion for which an operating permit has been issued by
| 32 |
| the Agency, has not accepted waste disposal for 5 or more | 33 |
| consecutive calendars
years, before that facility may accept | 34 |
| any new or additional waste for
disposal, the owner and |
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|
| 1 |
| operator must obtain a new operating permit under this
Act for | 2 |
| that facility unless the owner and operator have applied to the | 3 |
| Agency
for a permit authorizing the temporary suspension of | 4 |
| waste acceptance. The
Agency may not issue a new operation | 5 |
| permit under this Act for the facility
unless the applicant has | 6 |
| submitted proof to the Agency that the location of the
facility | 7 |
| has been approved or re-approved by the appropriate county | 8 |
| board or
municipal governing body under Section 39.2 of this | 9 |
| Act after the facility
ceased accepting waste.
| 10 |
| Except for those facilities owned or operated by sanitary | 11 |
| districts
organized under the Metropolitan Water Reclamation | 12 |
| District Act, and
except for new pollution control facilities | 13 |
| governed by Section 39.2,
and except for fossil fuel mining | 14 |
| facilities, the granting of a permit under
this Act shall not | 15 |
| relieve the applicant from meeting and securing all
necessary | 16 |
| zoning approvals from the unit of government having zoning
| 17 |
| jurisdiction over the proposed facility.
| 18 |
| Before beginning construction on any new sewage treatment | 19 |
| plant or sludge
drying site to be owned or operated by a | 20 |
| sanitary district organized under
the Metropolitan Water | 21 |
| Reclamation District Act for which a new
permit (rather than | 22 |
| the renewal or amendment of an existing permit) is
required, | 23 |
| such sanitary district shall hold a public hearing within the
| 24 |
| municipality within which the proposed facility is to be | 25 |
| located, or within the
nearest community if the proposed | 26 |
| facility is to be located within an
unincorporated area, at | 27 |
| which information concerning the proposed facility
shall be | 28 |
| made available to the public, and members of the public shall | 29 |
| be given
the opportunity to express their views concerning the | 30 |
| proposed facility.
| 31 |
| The Agency may issue a permit for a municipal waste | 32 |
| transfer station
without requiring approval pursuant to | 33 |
| Section 39.2 provided that the following
demonstration is made:
| 34 |
| (1) the municipal waste transfer station was in |
|
|
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| existence on or before
January 1, 1979 and was in | 2 |
| continuous operation from January 1, 1979 to January
1, | 3 |
| 1993;
| 4 |
| (2) the operator submitted a permit application to the | 5 |
| Agency to develop
and operate the municipal waste transfer | 6 |
| station during April of 1994;
| 7 |
| (3) the operator can demonstrate that the county board | 8 |
| of the county, if
the municipal waste transfer station is | 9 |
| in an unincorporated area, or the
governing body of the | 10 |
| municipality, if the station is in an incorporated area,
| 11 |
| does not object to resumption of the operation of the | 12 |
| station; and
| 13 |
| (4) the site has local zoning approval.
| 14 |
| (d) The Agency may issue RCRA permits exclusively under | 15 |
| this
subsection to persons owning or operating a facility for | 16 |
| the treatment,
storage, or disposal of hazardous waste as | 17 |
| defined under this Act.
| 18 |
| All RCRA permits shall contain those terms and conditions, | 19 |
| including but
not limited to schedules of compliance, which may | 20 |
| be required to accomplish
the purposes and provisions of this | 21 |
| Act. The Agency may include among such
conditions standards and | 22 |
| other requirements established under this Act,
Board | 23 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 24 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 25 |
| and may include
schedules for achieving compliance therewith as | 26 |
| soon as possible. The
Agency shall require that a performance | 27 |
| bond or other security be provided
as a condition for the | 28 |
| issuance of a RCRA permit.
| 29 |
| In the case of a permit to operate a hazardous waste or PCB | 30 |
| incinerator
as defined in subsection (k) of Section 44, the | 31 |
| Agency shall require, as a
condition of the permit, that the | 32 |
| operator of the facility perform such
analyses of the waste to | 33 |
| be incinerated as may be necessary and appropriate
to ensure | 34 |
| the safe operation of the incinerator.
|
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| The Agency shall adopt filing requirements and procedures | 2 |
| which
are necessary and appropriate for the issuance of RCRA | 3 |
| permits, and which
are consistent with the Act or regulations | 4 |
| adopted by the Board, and with
the Resource Conservation and | 5 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 6 |
| pursuant thereto.
| 7 |
| The applicant shall make available to the public for | 8 |
| inspection all
documents submitted by the applicant to the | 9 |
| Agency in furtherance
of an application, with the exception of | 10 |
| trade secrets, at the office of
the county board or governing | 11 |
| body of the municipality. Such documents
may be copied upon | 12 |
| payment of the actual cost of reproduction during regular
| 13 |
| business hours of the local office. The Agency shall issue a | 14 |
| written statement
concurrent with its grant or denial of the | 15 |
| permit explaining the basis for its
decision.
| 16 |
| (e) The Agency may issue UIC permits exclusively under this
| 17 |
| subsection to persons owning or operating a facility for the | 18 |
| underground
injection of contaminants as defined under this | 19 |
| Act.
| 20 |
| All UIC permits shall contain those terms and conditions, | 21 |
| including but
not limited to schedules of compliance, which may | 22 |
| be required to accomplish
the purposes and provisions of this | 23 |
| Act. The Agency may include among such
conditions standards and | 24 |
| other requirements established under this Act,
Board | 25 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 26 |
| amended,
and regulations pursuant thereto, and may include | 27 |
| schedules for achieving
compliance therewith. The Agency shall | 28 |
| require that a performance bond or
other security be provided | 29 |
| as a condition for the issuance of a UIC permit.
| 30 |
| The Agency shall adopt filing requirements and procedures | 31 |
| which
are necessary and appropriate for the issuance of UIC | 32 |
| permits, and which
are consistent with the Act or regulations | 33 |
| adopted by the Board, and with
the Safe Drinking Water Act | 34 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
|
|
|
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| The applicant shall make available to the public for | 2 |
| inspection, all
documents submitted by the applicant to the | 3 |
| Agency in furtherance of an
application, with the exception of | 4 |
| trade secrets, at the office of the county
board or governing | 5 |
| body of the municipality. Such documents may be copied upon
| 6 |
| payment of the actual cost of reproduction during regular | 7 |
| business hours of the
local office. The Agency shall issue a | 8 |
| written statement concurrent with its
grant or denial of the | 9 |
| permit explaining the basis for its decision.
| 10 |
| (f) In making any determination pursuant to Section 9.1 of | 11 |
| this Act:
| 12 |
| (1) The Agency shall have authority to make the | 13 |
| determination of any
question required to be determined by | 14 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 15 |
| or the regulations of the Board, including the
| 16 |
| determination of the Lowest Achievable Emission Rate, | 17 |
| Maximum Achievable
Control Technology, or Best Available | 18 |
| Control Technology, consistent with the
Board's | 19 |
| regulations, if any.
| 20 |
| (2) The Agency shall, after conferring with the | 21 |
| applicant, give written
notice to the applicant of its | 22 |
| proposed decision on the application including
the terms | 23 |
| and conditions of the permit to be issued and the facts, | 24 |
| conduct
or other basis upon which the Agency will rely to | 25 |
| support its proposed action.
| 26 |
| (3) Following such notice, the Agency shall give the | 27 |
| applicant an
opportunity for a hearing in accordance with | 28 |
| the provisions of Sections
10-25 through 10-60 of the | 29 |
| Illinois Administrative Procedure Act.
| 30 |
| (g) The Agency shall include as conditions upon all permits | 31 |
| issued for
hazardous waste disposal sites such restrictions | 32 |
| upon the future use
of such sites as are reasonably necessary | 33 |
| to protect public health and
the environment, including | 34 |
| permanent prohibition of the use of such
sites for purposes |
|
|
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| 1 |
| which may create an unreasonable risk of injury to human
health | 2 |
| or to the environment. After administrative and judicial | 3 |
| challenges
to such restrictions have been exhausted, the Agency | 4 |
| shall file such
restrictions of record in the Office of the | 5 |
| Recorder of the county in which
the hazardous waste disposal | 6 |
| site is located.
| 7 |
| (h) A hazardous waste stream may not be deposited in a | 8 |
| permitted hazardous
waste site unless specific authorization | 9 |
| is obtained from the Agency by the
generator and disposal site | 10 |
| owner and operator for the deposit of that specific
hazardous | 11 |
| waste stream. The Agency may grant specific authorization for
| 12 |
| disposal of hazardous waste streams only after the generator | 13 |
| has reasonably
demonstrated that, considering
technological | 14 |
| feasibility and economic reasonableness, the hazardous waste
| 15 |
| cannot be reasonably recycled for reuse, nor incinerated or | 16 |
| chemically,
physically or biologically treated so as to | 17 |
| neutralize the hazardous waste
and render it nonhazardous. In | 18 |
| granting authorization under this Section,
the Agency may | 19 |
| impose such conditions as may be necessary to accomplish
the | 20 |
| purposes of the Act and are consistent with this Act and | 21 |
| regulations
promulgated by the Board hereunder. If the Agency | 22 |
| refuses to grant
authorization under this Section, the | 23 |
| applicant may appeal as if the Agency
refused to grant a | 24 |
| permit, pursuant to the provisions of subsection (a) of
Section | 25 |
| 40 of this Act. For purposes of this subsection (h), the term
| 26 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 27 |
| unless: (1) the hazardous waste is treated, incinerated, or | 28 |
| partially recycled
for reuse prior to disposal, in which case | 29 |
| the last person who treats,
incinerates, or partially recycles | 30 |
| the hazardous waste prior to disposal is the
generator; or (2) | 31 |
| the hazardous waste is from a response action, in which case
| 32 |
| the person performing the response action is the generator. | 33 |
| This subsection
(h) does not apply to any hazardous waste that | 34 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
|
|
|
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09300HB5094sam001 |
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LRB093 18656 BDD 49947 a |
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| 1 |
| (i) Before issuing any RCRA permit or any permit for a | 2 |
| waste storage site,
sanitary landfill, waste disposal site, | 3 |
| waste transfer station, waste treatment
facility, waste | 4 |
| incinerator, or any waste-transportation operation, the Agency
| 5 |
| shall conduct an evaluation of the prospective owner's or | 6 |
| operator's prior
experience in waste management operations. | 7 |
| The Agency may deny such a permit
if the prospective owner or | 8 |
| operator or any employee or officer of the
prospective owner or | 9 |
| operator has a history of:
| 10 |
| (1) repeated violations of federal, State, or local | 11 |
| laws, regulations,
standards, or ordinances in the | 12 |
| operation of waste management facilities or
sites; or
| 13 |
| (2) conviction in this or another State of any crime | 14 |
| which is a felony
under the laws of this State, or | 15 |
| conviction of a felony in a federal court; or
| 16 |
| (3) proof of gross carelessness or incompetence in | 17 |
| handling, storing,
processing, transporting or disposing | 18 |
| of waste.
| 19 |
| (j) The issuance under this Act of a permit to engage in | 20 |
| the surface mining
of any resources other than fossil fuels | 21 |
| shall not relieve
the permittee from its duty to comply with | 22 |
| any applicable local law regulating
the commencement, location | 23 |
| or operation of surface mining facilities.
| 24 |
| (k) A development permit issued under subsection (a) of | 25 |
| Section 39 for any
facility or site which is required to have a | 26 |
| permit under subsection (d) of
Section 21 shall expire at the | 27 |
| end of 2 calendar years from the date upon which
it was issued, | 28 |
| unless within that period the applicant has taken action to
| 29 |
| develop the facility or the site. In the event that review of | 30 |
| the
conditions of the development permit is sought pursuant to | 31 |
| Section 40 or
41, or permittee is prevented from commencing | 32 |
| development of the facility
or site by any other litigation | 33 |
| beyond the permittee's control, such
two-year period shall be | 34 |
| deemed to begin on the date upon which such review
process or |
|
|
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09300HB5094sam001 |
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| 1 |
| litigation is concluded.
| 2 |
| (l) No permit shall be issued by the Agency under this Act | 3 |
| for
construction or operation of any facility or site located | 4 |
| within the
boundaries of any setback zone established pursuant | 5 |
| to this Act, where such
construction or operation is | 6 |
| prohibited.
| 7 |
| (m) The Agency may issue permits to persons owning or | 8 |
| operating
a facility for composting landscape waste. In | 9 |
| granting such permits, the Agency
may impose such conditions as | 10 |
| may be necessary to accomplish the purposes of
this Act, and as | 11 |
| are not inconsistent with applicable regulations promulgated
| 12 |
| by the Board. Except as otherwise provided in this Act, a bond | 13 |
| or other
security shall not be required as a condition for the | 14 |
| issuance of a permit. If
the Agency denies any permit pursuant | 15 |
| to this subsection, the Agency shall
transmit to the applicant | 16 |
| within the time limitations of this subsection
specific, | 17 |
| detailed statements as to the reasons the permit application | 18 |
| was
denied. Such statements shall include but not be limited to | 19 |
| the following:
| 20 |
| (1) the Sections of this Act that may be violated if | 21 |
| the permit
were granted;
| 22 |
| (2) the specific regulations promulgated pursuant to | 23 |
| this
Act that may be violated if the permit were granted;
| 24 |
| (3) the specific information, if any, the Agency deems | 25 |
| the
applicant did not provide in its application to the | 26 |
| Agency; and
| 27 |
| (4) a statement of specific reasons why the Act and the | 28 |
| regulations
might be violated if the permit were granted.
| 29 |
| If no final action is taken by the Agency within 90 days | 30 |
| after the filing
of the application for permit, the applicant | 31 |
| may deem the permit issued.
Any applicant for a permit may | 32 |
| waive the 90 day limitation by filing a
written statement with | 33 |
| the Agency.
| 34 |
| The Agency shall issue permits for such facilities upon |
|
|
|
09300HB5094sam001 |
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|
| 1 |
| receipt of an
application that includes a legal description of | 2 |
| the site, a topographic
map of the site drawn to the scale of | 3 |
| 200 feet to the inch or larger, a
description of the operation, | 4 |
| including the area served, an estimate of
the volume of | 5 |
| materials to be processed, and documentation that:
| 6 |
| (1) the facility includes a setback of at
least 200 | 7 |
| feet from the nearest potable water supply well;
| 8 |
| (2) the facility is located outside the boundary
of the | 9 |
| 10-year floodplain or the site will be floodproofed;
| 10 |
| (3) the facility is located so as to minimize
| 11 |
| incompatibility with the character of the surrounding | 12 |
| area, including at
least a 200 foot setback from any | 13 |
| residence, and in the case of a
facility that is developed | 14 |
| or the permitted composting area of which is
expanded after | 15 |
| November 17, 1991, the composting area is located at least | 16 |
| 1/8
mile from the nearest residence (other than a residence | 17 |
| located on the same
property as the facility);
| 18 |
| (4) the design of the facility will prevent any compost | 19 |
| material from
being placed within 5 feet of the water | 20 |
| table, will adequately control runoff
from the site, and | 21 |
| will collect and manage any leachate that is generated on
| 22 |
| the site;
| 23 |
| (5) the operation of the facility will include | 24 |
| appropriate dust
and odor control measures, limitations on | 25 |
| operating hours, appropriate
noise control measures for | 26 |
| shredding, chipping and similar equipment,
management | 27 |
| procedures for composting, containment and disposal of
| 28 |
| non-compostable wastes, procedures to be used for
| 29 |
| terminating operations at the site, and recordkeeping | 30 |
| sufficient to
document the amount of materials received, | 31 |
| composted and otherwise
disposed of; and
| 32 |
| (6) the operation will be conducted in accordance with | 33 |
| any applicable
rules adopted by the Board.
| 34 |
| The Agency shall issue renewable permits of not longer than |
|
|
|
09300HB5094sam001 |
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| 1 |
| 10 years
in duration for the composting of landscape wastes, as | 2 |
| defined in Section
3.155 of this Act, based on the above | 3 |
| requirements.
| 4 |
| The operator of any facility permitted under this | 5 |
| subsection (m) must
submit a written annual statement to the | 6 |
| Agency on or before April 1 of
each year that includes an | 7 |
| estimate of the amount of material, in tons,
received for | 8 |
| composting.
| 9 |
| (n) The Agency shall issue permits jointly with the | 10 |
| Department of
Transportation for the dredging or deposit of | 11 |
| material in Lake Michigan in
accordance with Section 18 of the | 12 |
| Rivers, Lakes, and Streams Act.
| 13 |
| (o) (Blank.)
| 14 |
| (p) (1) Any person submitting an application for a permit | 15 |
| for a new MSWLF
unit or for a lateral expansion under | 16 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 17 |
| unit that has not received and is not subject to local
siting | 18 |
| approval under Section 39.2 of this Act shall publish notice of | 19 |
| the
application in a newspaper of general circulation in the | 20 |
| county in which the
MSWLF unit is or is proposed to be located. | 21 |
| The notice must be published at
least 15 days before submission | 22 |
| of the permit application to the Agency. The
notice shall state | 23 |
| the name and address of the applicant, the location of the
| 24 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 25 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 26 |
| proposed, the probable life of
the proposed activity, the date | 27 |
| the permit application will be submitted, and a
statement that | 28 |
| persons may file written comments with the Agency concerning | 29 |
| the
permit application within 30 days after the filing of the | 30 |
| permit application
unless the time period to submit comments is | 31 |
| extended by the Agency.
| 32 |
| When a permit applicant submits information to the Agency | 33 |
| to supplement a
permit application being reviewed by the | 34 |
| Agency, the applicant shall not be
required to reissue the |
|
|
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| 1 |
| notice under this subsection.
| 2 |
| (2) The Agency shall accept written comments concerning the | 3 |
| permit
application that are postmarked no later than 30 days | 4 |
| after the
filing of the permit application, unless the time | 5 |
| period to accept comments is
extended by the Agency.
| 6 |
| (3) Each applicant for a permit described in part (1) of | 7 |
| this subsection
shall file a
copy of the permit application | 8 |
| with the county board or governing body of the
municipality in | 9 |
| which the MSWLF unit is or is proposed to be located at the
| 10 |
| same time the application is submitted to the Agency. The | 11 |
| permit application
filed with the county board or governing | 12 |
| body of the municipality shall include
all documents submitted | 13 |
| to or to be submitted to the Agency, except trade
secrets as | 14 |
| determined under Section 7.1 of this Act. The permit | 15 |
| application
and other documents on file with the county board | 16 |
| or governing body of the
municipality shall be made available | 17 |
| for public inspection during regular
business hours at the | 18 |
| office of the county board or the governing body of the
| 19 |
| municipality and may be copied upon payment of the actual cost | 20 |
| of
reproduction.
| 21 |
| (q) The owner or operator of a CAAPP source is not required | 22 |
| to obtain an air pollution control construction permit for the | 23 |
| construction or modification of an emission unit or activity | 24 |
| that is an insignificant activity as addressed by Title 35 of | 25 |
| the Illinois Administrative Code, Subtitle B: Air Pollution | 26 |
| Control, Chapter I: Pollution Control Board, Section 201.212, | 27 |
| which rule provides that changes in the insignificant | 28 |
| activities at a CAAPP source shall be addressed during the | 29 |
| renewal of the CAAPP permit. Provided, however, other than | 30 |
| excusing the owner or operator of a CAAPP source from the | 31 |
| requirement to obtain an air pollution control construction | 32 |
| permit for these emission units or activities, nothing in this | 33 |
| provision shall alter or affect the liability of the CAAPP | 34 |
| source for compliance with emission standards and other |
|
|
|
09300HB5094sam001 |
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LRB093 18656 BDD 49947 a |
|
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| requirements that apply to these emission units or activities, | 2 |
| either individually or in conjunction with other emission units | 3 |
| or activities constructed, modified, or located at the source.
| 4 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)".
|
|