Full Text of SB0067 94th General Assembly
SB0067ham001 94TH GENERAL ASSEMBLY
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Environment & Energy Committee
Adopted in House Comm. on Nov 02, 2005
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LRB094 06428 RSP 50235 a |
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| AMENDMENT TO SENATE BILL 67
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| AMENDMENT NO. ______. Amend Senate Bill 67 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 22.51 and 39 as follows: | 6 |
| (415 ILCS 5/22.51)
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| Sec. 22.51. Clean Construction or Demolition Debris Fill | 8 |
| Operations. | 9 |
| (a) No person shall conduct any clean construction or | 10 |
| demolition debris fill operation in violation of this Act or | 11 |
| any regulations or standards adopted by the Board. | 12 |
| (b)(1)(A) Beginning 30 days after the effective date of | 13 |
| this amendatory Act of the 94th General Assembly but prior to | 14 |
| July 1, 2008, no person shall use clean construction or | 15 |
| demolition debris as fill material in a current or former | 16 |
| quarry, mine, or other excavation, unless they have applied for | 17 |
| an interim authorization from the Agency for the clean | 18 |
| construction or demolition debris fill operation. | 19 |
| (B) The Agency shall approve an interim authorization upon | 20 |
| its receipt of a written application for the interim | 21 |
| authorization that is signed by the site owner and the site | 22 |
| operator, or their duly authorized agent, and that contains the | 23 |
| following information: (i) the location of the site where the | 24 |
| clean construction or demolition debris fill operation is |
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| taking place, (ii) the name and address of the site owner, | 2 |
| (iii) the name and address of the site operator, and (iv) the | 3 |
| types and amounts of clean construction or demolition debris | 4 |
| being used as fill material at the site. | 5 |
| (C) The Agency may deny an interim authorization if the | 6 |
| site owner or the site operator, or their duly authorized | 7 |
| agent, fails to provide to the Agency the information listed in | 8 |
| subsection (b)(1)(B) of
this Section. Any denial of an interim | 9 |
| authorization shall be subject to appeal to the Board in | 10 |
| accordance with the procedures of Section 40 of this Act. | 11 |
| (D) No person shall use clean construction or demolition | 12 |
| debris as fill material in a current or former quarry, mine, or | 13 |
| other excavation for which the Agency has denied interim | 14 |
| authorization under subsection (b)(1)(C) of this Section. The | 15 |
| Board may stay the prohibition of this subsection (D) during | 16 |
| the pendency of an appeal of the Agency's denial of the interim | 17 |
| authorization brought under subsection (b)(1)(C) of this | 18 |
| Section. | 19 |
| (2) Beginning September 1, 2006, owners and
operators of | 20 |
| clean construction or demolition debris fill operations shall, | 21 |
| in accordance with a schedule prescribed by the Agency, submit | 22 |
| to the Agency applications for the
permits required under this | 23 |
| Section. The Agency shall notify owners and operators in | 24 |
| writing of the due date for their permit application. The due | 25 |
| date shall be no less than 90 days after the date of the | 26 |
| Agency's written notification. Owners and operators who do not | 27 |
| receive a written notification from the Agency by October 1, | 28 |
| 2007, shall submit a permit application to the Agency by | 29 |
| January 1, 2008. The interim authorization of owners and | 30 |
| operators who fail to submit a permit application to the Agency | 31 |
| by the permit application's due date shall terminate on (i) the | 32 |
| due
date established by the Agency if the owner or operator | 33 |
| received a written notification from the Agency prior to
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| October 1, 2007, or (ii) or January 1, 2008, if the owner or |
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| operator did not receive a written notification from the Agency | 2 |
| by October 1, 2007. | 3 |
| (3) On and after July 1, 2008, no person shall use clean | 4 |
| construction or demolition debris as fill material in a current | 5 |
| or former quarry, mine, or other excavation without a permit | 6 |
| granted by the Agency for the clean construction or demolition | 7 |
| debris fill operation or in violation of any conditions imposed | 8 |
| by such permit, including periodic reports and full access to | 9 |
| adequate records and the inspection of facilities, as may be | 10 |
| necessary to assure compliance with this Act and with Board | 11 |
| regulations and standards adopted under this Act. | 12 |
| (4) This subsection (b) does not apply to: | 13 |
| (A) the use of clean construction or demolition debris | 14 |
| as fill material in a current or former quarry, mine, or | 15 |
| other excavation located on the site where the clean | 16 |
| construction or demolition debris was generated; or | 17 |
| (B) the use of clean construction or demolition debris | 18 |
| as fill material in an excavation other than a current or | 19 |
| former quarry or mine if this use complies with Illinois | 20 |
| Department of Transportation specifications ; or
.
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| (C) current or former quarries, mines, and other | 22 |
| excavations that do not use clean construction or | 23 |
| demolition debris as fill material.
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| (c) In accordance with Title VII of this Act, the Board may | 25 |
| adopt regulations to promote the purposes of this Section. The | 26 |
| Agency shall consult with the mining and construction | 27 |
| industries during the development of any regulations to promote | 28 |
| the purposes of this Section. | 29 |
| (1) No later than December 15, 2005, the Agency shall | 30 |
| propose to the Board, and no later than September 1, 2006, | 31 |
| the Board shall adopt, regulations for the use of clean | 32 |
| construction or demolition debris as fill material in | 33 |
| current and former quarries, mines, and other excavations. | 34 |
| Such regulations shall include, but shall not be limited |
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| to, standards for clean construction or demolition debris | 2 |
| fill operations and the submission and review of permits | 3 |
| required under this Section. | 4 |
| (2) Until the Board adopts rules under subsection | 5 |
| (c)(1) of this Section, all persons using clean | 6 |
| construction or
demolition debris as fill material in a | 7 |
| current or former quarry, mine, or other excavation shall: | 8 |
| (A) Assure that only clean construction or | 9 |
| demolition debris is being used as fill material by | 10 |
| screening each truckload of material received using a | 11 |
| device approved by the Agency that detects volatile | 12 |
| organic compounds. Such devices may include, but are | 13 |
| not limited to, photo ionization detectors. All | 14 |
| screening devices shall be operated and maintained in | 15 |
| accordance with manufacturer's specifications. | 16 |
| Unacceptable fill material shall be rejected from the | 17 |
| site; and | 18 |
| (B) Retain for a minimum of 3 years the following | 19 |
| information: | 20 |
| (i) The name of the hauler, the name of the | 21 |
| generator, and place of origin of the debris or | 22 |
| soil; | 23 |
| (ii) The approximate weight or volume of the | 24 |
| debris or soil; and | 25 |
| (iii) The date the debris or soil was received. | 26 |
| (d) This Section applies only to clean construction or | 27 |
| demolition debris that is not considered "waste" as provided in | 28 |
| Section 3.160 of this Act. | 29 |
| (e) For purposes of a clean construction or demolition | 30 |
| debris fill operation: | 31 |
| (1) The term "operator" means a person responsible for | 32 |
| the operation and maintenance of a clean construction or | 33 |
| demolition debris fill operation. | 34 |
| (2) The term "owner" means a person who has any direct |
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| or indirect interest in a clean construction or demolition | 2 |
| debris fill operation or in land on which a person operates | 3 |
| and maintains a clean construction or demolition debris | 4 |
| fill operation. A "direct or indirect interest" does not | 5 |
| include the ownership of publicly traded stock. The "owner" | 6 |
| is the "operator" if there is no other person who is | 7 |
| operating and maintaining a clean construction or | 8 |
| demolition debris fill operation.
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| (Source: P.A. 94-272, eff. 7-19-05.)
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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 | 14 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 15 |
| applicant shall apply to
the Agency for such permit and it | 16 |
| shall be the duty of the Agency to
issue such a permit upon | 17 |
| proof by the applicant that the facility,
equipment, vehicle, | 18 |
| vessel, or aircraft will not cause a violation of
this Act or | 19 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 21 |
| Section.
In making its determinations on permit applications | 22 |
| under this Section the Agency may consider prior adjudications | 23 |
| of
noncompliance with this Act by the applicant that involved a | 24 |
| release of a
contaminant into the environment. In granting | 25 |
| permits, the Agency
may impose reasonable conditions | 26 |
| specifically related to the applicant's past
compliance | 27 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 29 |
| conditions
as may be necessary to accomplish the purposes of | 30 |
| this Act, and as are not
inconsistent with the regulations | 31 |
| promulgated by the Board hereunder. Except as
otherwise | 32 |
| provided in this Act, a bond or other security shall not be | 33 |
| required
as a condition for the issuance of a permit. If the |
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| Agency denies any permit
under this Section, the Agency shall | 2 |
| transmit to the applicant within the time
limitations of this | 3 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 5 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if | 7 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 9 |
| under this Act,
which may be violated if the permit were | 10 |
| granted;
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| (iii) the specific type of information, if any, which | 12 |
| the Agency
deems the applicant did not provide the Agency; | 13 |
| and
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| (iv) a statement of specific reasons why the Act and | 15 |
| the regulations
might not be met if the permit were | 16 |
| granted.
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| If there is no final action by the Agency within 90 days | 18 |
| after the
filing of the application for permit, the applicant | 19 |
| may deem the permit
issued; except that this time period shall | 20 |
| be extended to 180 days when
(1) notice and opportunity for | 21 |
| public hearing are required by State or
federal law or | 22 |
| regulation, (2) the application which was filed is for
any | 23 |
| permit to develop a landfill subject to issuance pursuant to | 24 |
| this
subsection, or (3) the application that was filed is for a | 25 |
| MSWLF unit
required to issue public notice under subsection (p) | 26 |
| of Section 39. The
90-day and 180-day time periods for the | 27 |
| Agency to take final action do not
apply to NPDES permit | 28 |
| applications under subsection (b) of this Section,
to RCRA | 29 |
| permit applications under subsection (d) of this Section, or
to | 30 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 32 |
| determinations for
development permits for MSWLF units and for | 33 |
| significant permit modifications
for lateral expansions for | 34 |
| existing MSWLF units one time in a newspaper of
general |
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| circulation in the county in which the unit is or is proposed | 2 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 4 |
| permits issued under
this Section by the
Agency for sources of | 5 |
| air pollution permitted to emit less than 25 tons
per year of | 6 |
| any combination of regulated air pollutants, as defined in
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| Section 39.5 of this Act, shall be required to be renewed only | 8 |
| upon written
request by the Agency consistent with applicable | 9 |
| provisions of this Act and
regulations promulgated hereunder. | 10 |
| Such operating permits shall expire
180 days after the date of | 11 |
| such a request. The Board shall revise its
regulations for the | 12 |
| existing State air pollution operating permit program
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| consistent with this provision by January 1, 1994.
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| After June 30, 1998, operating permits issued under this | 15 |
| Section by the
Agency for sources of air pollution that are not | 16 |
| subject to Section 39.5 of
this Act and are not required to | 17 |
| have a federally enforceable State operating
permit shall be | 18 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 20 |
| rules. Such
operating permits shall expire 180 days after the | 21 |
| date of such a request.
Before July 1, 1998, the Board shall | 22 |
| revise its rules for the existing State
air pollution operating | 23 |
| permit program consistent with this paragraph and shall
adopt | 24 |
| rules that require a source to demonstrate that it qualifies | 25 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 27 |
| this
subsection for the discharge of contaminants from point | 28 |
| sources into
navigable waters, all as defined in the Federal | 29 |
| Water Pollution Control
Act, as now or hereafter amended, | 30 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 32 |
| including
but not limited to schedules of compliance, which may | 33 |
| be required to
accomplish the purposes and provisions of this | 34 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 2 |
| from categories
of point sources which are subject to the same | 3 |
| permit limitations and
conditions. Such general permits may be | 4 |
| issued without individual
applications and shall conform to | 5 |
| regulations promulgated under Section 402
of the Federal Water | 6 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 8 |
| limitations
and other requirements established under this Act, | 9 |
| Board regulations,
the Federal Water Pollution Control Act, as | 10 |
| now or hereafter amended, and
regulations pursuant thereto, and | 11 |
| schedules for achieving compliance
therewith at the earliest | 12 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 14 |
| which are
necessary and appropriate for the issuance of NPDES | 15 |
| permits, and which
are consistent with the Act or regulations | 16 |
| adopted by the Board, and
with the Federal Water Pollution | 17 |
| Control Act, as now or hereafter
amended, and regulations | 18 |
| pursuant thereto.
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| The Agency, subject to any conditions which may be | 20 |
| prescribed by
Board regulations, may issue NPDES permits to | 21 |
| allow discharges beyond
deadlines established by this Act or by | 22 |
| regulations of the Board without
the requirement of a variance, | 23 |
| subject to the Federal Water Pollution
Control Act, as now or | 24 |
| hereafter amended, and regulations pursuant thereto.
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| (c) Except for those facilities owned or operated by | 26 |
| sanitary districts
organized under the Metropolitan Water | 27 |
| Reclamation District Act, no
permit for the development or | 28 |
| construction of a new pollution control
facility may be granted | 29 |
| by the Agency unless the applicant submits proof to the
Agency | 30 |
| that the location of the facility has been approved by the | 31 |
| County Board
of the county if in an unincorporated area, or the | 32 |
| governing body of the
municipality when in an incorporated | 33 |
| area, in which the facility is to be
located in accordance with | 34 |
| Section 39.2 of this Act.
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| In the event that siting approval granted pursuant to | 2 |
| Section 39.2 has
been transferred to a subsequent owner or | 3 |
| operator, that subsequent owner or
operator may apply to the | 4 |
| Agency for, and the Agency may grant, a development
or | 5 |
| construction permit for the facility for which local siting | 6 |
| approval was
granted. Upon application to the Agency for a | 7 |
| development or
construction permit by that subsequent owner or | 8 |
| operator,
the permit applicant shall cause written notice of | 9 |
| the permit application
to be served upon the appropriate county | 10 |
| board or governing body of the
municipality that granted siting | 11 |
| approval for that facility and upon any party
to the siting | 12 |
| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the | 14 |
| subsequent owner or
operator's prior experience in waste | 15 |
| management operations in the manner
conducted under subsection | 16 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control | 18 |
| facility consists of a
hazardous or solid waste disposal | 19 |
| facility for which the proposed site is
located in an | 20 |
| unincorporated area of a county with a population of less than
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| 100,000 and includes all or a portion of a parcel of land that | 22 |
| was, on April 1,
1993, adjacent to a municipality having a | 23 |
| population of less than 5,000, then
the local siting review | 24 |
| required under this subsection (c) in conjunction with
any | 25 |
| permit applied for after that date shall be performed by the | 26 |
| governing body
of that adjacent municipality rather than the | 27 |
| county board of the county in
which the proposed site is | 28 |
| located; and for the purposes of that local siting
review, any | 29 |
| references in this Act to the county board shall be deemed to | 30 |
| mean
the governing body of that adjacent municipality; | 31 |
| provided, however, that the
provisions of this paragraph shall | 32 |
| not apply to any proposed site which was, on
April 1, 1993, | 33 |
| owned in whole or in part by another municipality.
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| In the case of a pollution control facility for which a
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| development permit was issued before November 12, 1981, if an | 2 |
| operating
permit has not been issued by the Agency prior to | 3 |
| August 31, 1989 for
any portion of the facility, then the | 4 |
| Agency may not issue or renew any
development permit nor issue | 5 |
| an original operating permit for any portion of
such facility | 6 |
| unless the applicant has submitted proof to the Agency that the
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| location of the facility has been approved by the appropriate | 8 |
| county board or
municipal governing body pursuant to Section | 9 |
| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, | 11 |
| any portion for which an operating permit has been issued by
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| the Agency, has not accepted waste disposal for 5 or more | 13 |
| consecutive calendars
years, before that facility may accept | 14 |
| any new or additional waste for
disposal, the owner and | 15 |
| operator must obtain a new operating permit under this
Act for | 16 |
| that facility unless the owner and operator have applied to the | 17 |
| Agency
for a permit authorizing the temporary suspension of | 18 |
| waste acceptance. The
Agency may not issue a new operation | 19 |
| permit under this Act for the facility
unless the applicant has | 20 |
| submitted proof to the Agency that the location of the
facility | 21 |
| has been approved or re-approved by the appropriate county | 22 |
| board or
municipal governing body under Section 39.2 of this | 23 |
| Act after the facility
ceased accepting waste.
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| Except for those facilities owned or operated by sanitary | 25 |
| districts
organized under the Metropolitan Water Reclamation | 26 |
| District Act, and
except for new pollution control facilities | 27 |
| governed by Section 39.2,
and except for fossil fuel mining | 28 |
| facilities, the granting of a permit under
this Act shall not | 29 |
| relieve the applicant from meeting and securing all
necessary | 30 |
| zoning approvals from the unit of government having zoning
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| jurisdiction over the proposed facility.
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| Before beginning construction on any new sewage treatment | 33 |
| plant or sludge
drying site to be owned or operated by a | 34 |
| sanitary district organized under
the Metropolitan Water |
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| Reclamation District Act for which a new
permit (rather than | 2 |
| the renewal or amendment of an existing permit) is
required, | 3 |
| such sanitary district shall hold a public hearing within the
| 4 |
| municipality within which the proposed facility is to be | 5 |
| located, or within the
nearest community if the proposed | 6 |
| facility is to be located within an
unincorporated area, at | 7 |
| which information concerning the proposed facility
shall be | 8 |
| made available to the public, and members of the public shall | 9 |
| be given
the opportunity to express their views concerning the | 10 |
| proposed facility.
| 11 |
| The Agency may issue a permit for a municipal waste | 12 |
| transfer station
without requiring approval pursuant to | 13 |
| Section 39.2 provided that the following
demonstration is made:
| 14 |
| (1) the municipal waste transfer station was in | 15 |
| existence on or before
January 1, 1979 and was in | 16 |
| continuous operation from January 1, 1979 to January
1, | 17 |
| 1993;
| 18 |
| (2) the operator submitted a permit application to the | 19 |
| Agency to develop
and operate the municipal waste transfer | 20 |
| station during April of 1994;
| 21 |
| (3) the operator can demonstrate that the county board | 22 |
| of the county, if
the municipal waste transfer station is | 23 |
| in an unincorporated area, or the
governing body of the | 24 |
| municipality, if the station is in an incorporated area,
| 25 |
| does not object to resumption of the operation of the | 26 |
| station; and
| 27 |
| (4) the site has local zoning approval.
| 28 |
| (d) The Agency may issue RCRA permits exclusively under | 29 |
| this
subsection to persons owning or operating a facility for | 30 |
| the treatment,
storage, or disposal of hazardous waste as | 31 |
| defined under this Act.
| 32 |
| All RCRA permits shall contain those terms and conditions, | 33 |
| including but
not limited to schedules of compliance, which may | 34 |
| be required to accomplish
the purposes and provisions of this |
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| Act. The Agency may include among such
conditions standards and | 2 |
| other requirements established under this Act,
Board | 3 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 4 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 5 |
| and may include
schedules for achieving compliance therewith as | 6 |
| soon as possible. The
Agency shall require that a performance | 7 |
| bond or other security be provided
as a condition for the | 8 |
| issuance of a RCRA permit.
| 9 |
| In the case of a permit to operate a hazardous waste or PCB | 10 |
| incinerator
as defined in subsection (k) of Section 44, the | 11 |
| Agency shall require, as a
condition of the permit, that the | 12 |
| operator of the facility perform such
analyses of the waste to | 13 |
| be incinerated as may be necessary and appropriate
to ensure | 14 |
| the safe operation of the incinerator.
| 15 |
| The Agency shall adopt filing requirements and procedures | 16 |
| which
are necessary and appropriate for the issuance of RCRA | 17 |
| permits, and which
are consistent with the Act or regulations | 18 |
| adopted by the Board, and with
the Resource Conservation and | 19 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 20 |
| pursuant thereto.
| 21 |
| The applicant shall make available to the public for | 22 |
| inspection all
documents submitted by the applicant to the | 23 |
| Agency in furtherance
of an application, with the exception of | 24 |
| trade secrets, at the office of
the county board or governing | 25 |
| body of the municipality. Such documents
may be copied upon | 26 |
| payment of the actual cost of reproduction during regular
| 27 |
| business hours of the local office. The Agency shall issue a | 28 |
| written statement
concurrent with its grant or denial of the | 29 |
| permit explaining the basis for its
decision.
| 30 |
| (e) The Agency may issue UIC permits exclusively under this
| 31 |
| subsection to persons owning or operating a facility for the | 32 |
| underground
injection of contaminants as defined under this | 33 |
| Act.
| 34 |
| All UIC permits shall contain those terms and conditions, |
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| including but
not limited to schedules of compliance, which may | 2 |
| be required to accomplish
the purposes and provisions of this | 3 |
| Act. The Agency may include among such
conditions standards and | 4 |
| other requirements established under this Act,
Board | 5 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 6 |
| amended,
and regulations pursuant thereto, and may include | 7 |
| schedules for achieving
compliance therewith. The Agency shall | 8 |
| require that a performance bond or
other security be provided | 9 |
| as a condition for the issuance of a UIC permit.
| 10 |
| The Agency shall adopt filing requirements and procedures | 11 |
| which
are necessary and appropriate for the issuance of UIC | 12 |
| permits, and which
are consistent with the Act or regulations | 13 |
| adopted by the Board, and with
the Safe Drinking Water Act | 14 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 15 |
| The applicant shall make available to the public for | 16 |
| inspection, all
documents submitted by the applicant to the | 17 |
| Agency in furtherance of an
application, with the exception of | 18 |
| trade secrets, at the office of the county
board or governing | 19 |
| body of the municipality. Such documents may be copied upon
| 20 |
| payment of the actual cost of reproduction during regular | 21 |
| business hours of the
local office. The Agency shall issue a | 22 |
| written statement concurrent with its
grant or denial of the | 23 |
| permit explaining the basis for its decision.
| 24 |
| (f) In making any determination pursuant to Section 9.1 of | 25 |
| this Act:
| 26 |
| (1) The Agency shall have authority to make the | 27 |
| determination of any
question required to be determined by | 28 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 29 |
| or the regulations of the Board, including the
| 30 |
| determination of the Lowest Achievable Emission Rate, | 31 |
| Maximum Achievable
Control Technology, or Best Available | 32 |
| Control Technology, consistent with the
Board's | 33 |
| regulations, if any.
| 34 |
| (2) The Agency shall, after conferring with the |
|
|
|
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| 1 |
| applicant, give written
notice to the applicant of its | 2 |
| proposed decision on the application including
the terms | 3 |
| and conditions of the permit to be issued and the facts, | 4 |
| conduct
or other basis upon which the Agency will rely to | 5 |
| support its proposed action.
| 6 |
| (3) Following such notice, the Agency shall give the | 7 |
| applicant an
opportunity for a hearing in accordance with | 8 |
| the provisions of Sections
10-25 through 10-60 of the | 9 |
| Illinois Administrative Procedure Act.
| 10 |
| (g) The Agency shall include as conditions upon all permits | 11 |
| issued for
hazardous waste disposal sites such restrictions | 12 |
| upon the future use
of such sites as are reasonably necessary | 13 |
| to protect public health and
the environment, including | 14 |
| permanent prohibition of the use of such
sites for purposes | 15 |
| which may create an unreasonable risk of injury to human
health | 16 |
| or to the environment. After administrative and judicial | 17 |
| challenges
to such restrictions have been exhausted, the Agency | 18 |
| shall file such
restrictions of record in the Office of the | 19 |
| Recorder of the county in which
the hazardous waste disposal | 20 |
| site is located.
| 21 |
| (h) A hazardous waste stream may not be deposited in a | 22 |
| permitted hazardous
waste site unless specific authorization | 23 |
| is obtained from the Agency by the
generator and disposal site | 24 |
| owner and operator for the deposit of that specific
hazardous | 25 |
| waste stream. The Agency may grant specific authorization for
| 26 |
| disposal of hazardous waste streams only after the generator | 27 |
| has reasonably
demonstrated that, considering
technological | 28 |
| feasibility and economic reasonableness, the hazardous waste
| 29 |
| cannot be reasonably recycled for reuse, nor incinerated or | 30 |
| chemically,
physically or biologically treated so as to | 31 |
| neutralize the hazardous waste
and render it nonhazardous. In | 32 |
| granting authorization under this Section,
the Agency may | 33 |
| impose such conditions as may be necessary to accomplish
the | 34 |
| purposes of the Act and are consistent with this Act and |
|
|
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| 1 |
| regulations
promulgated by the Board hereunder. If the Agency | 2 |
| refuses to grant
authorization under this Section, the | 3 |
| applicant may appeal as if the Agency
refused to grant a | 4 |
| permit, pursuant to the provisions of subsection (a) of
Section | 5 |
| 40 of this Act. For purposes of this subsection (h), the term
| 6 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 7 |
| unless: (1) the hazardous waste is treated, incinerated, or | 8 |
| partially recycled
for reuse prior to disposal, in which case | 9 |
| the last person who treats,
incinerates, or partially recycles | 10 |
| the hazardous waste prior to disposal is the
generator; or (2) | 11 |
| the hazardous waste is from a response action, in which case
| 12 |
| the person performing the response action is the generator. | 13 |
| This subsection
(h) does not apply to any hazardous waste that | 14 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 15 |
| (i) Before issuing any RCRA permit, any permit for a waste | 16 |
| storage site,
sanitary landfill, waste disposal site, waste | 17 |
| transfer station, waste treatment
facility, waste incinerator, | 18 |
| or any waste-transportation operation, or any permit or interim | 19 |
| authorization for a clean construction or demolition debris | 20 |
| fill operation, the Agency
shall conduct an evaluation of the | 21 |
| prospective owner's or operator's prior
experience in waste | 22 |
| management operations and clean construction or demolition | 23 |
| debris fill operations . The Agency may deny such a permit , or | 24 |
| deny or revoke interim authorization,
if the prospective owner | 25 |
| or operator or any employee or officer of the
prospective owner | 26 |
| or operator has a history of:
| 27 |
| (1) repeated violations of federal, State, or local | 28 |
| laws, regulations,
standards, or ordinances in the | 29 |
| operation of waste management facilities or
sites or clean | 30 |
| construction or demolition debris fill operation | 31 |
| facilities or sites ; or
| 32 |
| (2) conviction in this or another State of any crime | 33 |
| which is a felony
under the laws of this State, or | 34 |
| conviction of a felony in a federal court; or conviction in |
|
|
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| 1 |
| this or another state or federal court of any of the | 2 |
| following crimes: forgery, official misconduct, bribery, | 3 |
| perjury, or knowingly submitting false information under | 4 |
| any environmental law, regulation, or permit term or | 5 |
| condition; or
| 6 |
| (3) proof of gross carelessness or incompetence in | 7 |
| handling, storing,
processing, transporting or disposing | 8 |
| of waste or clean construction or demolition debris, or | 9 |
| proof of gross carelessness or incompetence in using clean | 10 |
| construction or demolition debris as fill .
| 11 |
| (i-5) Before issuing any permit or approving any interim | 12 |
| authorization for a clean construction or demolition debris | 13 |
| fill operation in which any ownership interest is transferred | 14 |
| between January 1, 2005, and the effective date of the | 15 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 16 |
| shall conduct an evaluation of the operation if any previous | 17 |
| activities at the site or facility may have caused or allowed | 18 |
| contamination of the site. It shall be the responsibility of | 19 |
| the owner or operator seeking the permit or interim | 20 |
| authorization to provide to the Agency all of the information | 21 |
| necessary for the Agency to conduct its evaluation. The Agency | 22 |
| may deny a permit or interim authorization if previous | 23 |
| activities at the site may have caused or allowed contamination | 24 |
| at the site, unless such contamination is authorized under any | 25 |
| permit issued by the Agency.
| 26 |
| (j) The issuance under this Act of a permit to engage in | 27 |
| the surface mining
of any resources other than fossil fuels | 28 |
| shall not relieve
the permittee from its duty to comply with | 29 |
| any applicable local law regulating
the commencement, location | 30 |
| or operation of surface mining facilities.
| 31 |
| (k) A development permit issued under subsection (a) of | 32 |
| Section 39 for any
facility or site which is required to have a | 33 |
| permit under subsection (d) of
Section 21 shall expire at the | 34 |
| end of 2 calendar years from the date upon which
it was issued, |
|
|
|
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LRB094 06428 RSP 50235 a |
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| 1 |
| unless within that period the applicant has taken action to
| 2 |
| develop the facility or the site. In the event that review of | 3 |
| the
conditions of the development permit is sought pursuant to | 4 |
| Section 40 or
41, or permittee is prevented from commencing | 5 |
| development of the facility
or site by any other litigation | 6 |
| beyond the permittee's control, such
two-year period shall be | 7 |
| deemed to begin on the date upon which such review
process or | 8 |
| litigation is concluded.
| 9 |
| (l) No permit shall be issued by the Agency under this Act | 10 |
| for
construction or operation of any facility or site located | 11 |
| within the
boundaries of any setback zone established pursuant | 12 |
| to this Act, where such
construction or operation is | 13 |
| prohibited.
| 14 |
| (m) The Agency may issue permits to persons owning or | 15 |
| operating
a facility for composting landscape waste. In | 16 |
| granting such permits, the Agency
may impose such conditions as | 17 |
| may be necessary to accomplish the purposes of
this Act, and as | 18 |
| are not inconsistent with applicable regulations promulgated
| 19 |
| by the Board. Except as otherwise provided in this Act, a bond | 20 |
| or other
security shall not be required as a condition for the | 21 |
| issuance of a permit. If
the Agency denies any permit pursuant | 22 |
| to this subsection, the Agency shall
transmit to the applicant | 23 |
| within the time limitations of this subsection
specific, | 24 |
| detailed statements as to the reasons the permit application | 25 |
| was
denied. Such statements shall include but not be limited to | 26 |
| the following:
| 27 |
| (1) the Sections of this Act that may be violated if | 28 |
| the permit
were granted;
| 29 |
| (2) the specific regulations promulgated pursuant to | 30 |
| this
Act that may be violated if the permit were granted;
| 31 |
| (3) the specific information, if any, the Agency deems | 32 |
| the
applicant did not provide in its application to the | 33 |
| Agency; and
| 34 |
| (4) a statement of specific reasons why the Act and the |
|
|
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09400SB0067ham001 |
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LRB094 06428 RSP 50235 a |
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| 1 |
| regulations
might be violated if the permit were granted.
| 2 |
| If no final action is taken by the Agency within 90 days | 3 |
| after the filing
of the application for permit, the applicant | 4 |
| may deem the permit issued.
Any applicant for a permit may | 5 |
| waive the 90 day limitation by filing a
written statement with | 6 |
| the Agency.
| 7 |
| The Agency shall issue permits for such facilities upon | 8 |
| receipt of an
application that includes a legal description of | 9 |
| the site, a topographic
map of the site drawn to the scale of | 10 |
| 200 feet to the inch or larger, a
description of the operation, | 11 |
| including the area served, an estimate of
the volume of | 12 |
| materials to be processed, and documentation that:
| 13 |
| (1) the facility includes a setback of at
least 200 | 14 |
| feet from the nearest potable water supply well;
| 15 |
| (2) the facility is located outside the boundary
of the | 16 |
| 10-year floodplain or the site will be floodproofed;
| 17 |
| (3) the facility is located so as to minimize
| 18 |
| incompatibility with the character of the surrounding | 19 |
| area, including at
least a 200 foot setback from any | 20 |
| residence, and in the case of a
facility that is developed | 21 |
| or the permitted composting area of which is
expanded after | 22 |
| November 17, 1991, the composting area is located at least | 23 |
| 1/8
mile from the nearest residence (other than a residence | 24 |
| located on the same
property as the facility);
| 25 |
| (4) the design of the facility will prevent any compost | 26 |
| material from
being placed within 5 feet of the water | 27 |
| table, will adequately control runoff
from the site, and | 28 |
| will collect and manage any leachate that is generated on
| 29 |
| the site;
| 30 |
| (5) the operation of the facility will include | 31 |
| appropriate dust
and odor control measures, limitations on | 32 |
| operating hours, appropriate
noise control measures for | 33 |
| shredding, chipping and similar equipment,
management | 34 |
| procedures for composting, containment and disposal of
|
|
|
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LRB094 06428 RSP 50235 a |
|
| 1 |
| non-compostable wastes, procedures to be used for
| 2 |
| terminating operations at the site, and recordkeeping | 3 |
| sufficient to
document the amount of materials received, | 4 |
| composted and otherwise
disposed of; and
| 5 |
| (6) the operation will be conducted in accordance with | 6 |
| any applicable
rules adopted by the Board.
| 7 |
| The Agency shall issue renewable permits of not longer than | 8 |
| 10 years
in duration for the composting of landscape wastes, as | 9 |
| defined in Section
3.155 of this Act, based on the above | 10 |
| requirements.
| 11 |
| The operator of any facility permitted under this | 12 |
| subsection (m) must
submit a written annual statement to the | 13 |
| Agency on or before April 1 of
each year that includes an | 14 |
| estimate of the amount of material, in tons,
received for | 15 |
| composting.
| 16 |
| (n) The Agency shall issue permits jointly with the | 17 |
| Department of
Transportation for the dredging or deposit of | 18 |
| material in Lake Michigan in
accordance with Section 18 of the | 19 |
| Rivers, Lakes, and Streams Act.
| 20 |
| (o) (Blank.)
| 21 |
| (p) (1) Any person submitting an application for a permit | 22 |
| for a new MSWLF
unit or for a lateral expansion under | 23 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 24 |
| unit that has not received and is not subject to local
siting | 25 |
| approval under Section 39.2 of this Act shall publish notice of | 26 |
| the
application in a newspaper of general circulation in the | 27 |
| county in which the
MSWLF unit is or is proposed to be located. | 28 |
| The notice must be published at
least 15 days before submission | 29 |
| of the permit application to the Agency. The
notice shall state | 30 |
| the name and address of the applicant, the location of the
| 31 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 32 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 33 |
| proposed, the probable life of
the proposed activity, the date | 34 |
| the permit application will be submitted, and a
statement that |
|
|
|
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|
| 1 |
| persons may file written comments with the Agency concerning | 2 |
| the
permit application within 30 days after the filing of the | 3 |
| permit application
unless the time period to submit comments is | 4 |
| extended by the Agency.
| 5 |
| When a permit applicant submits information to the Agency | 6 |
| to supplement a
permit application being reviewed by the | 7 |
| Agency, the applicant shall not be
required to reissue the | 8 |
| notice under this subsection.
| 9 |
| (2) The Agency shall accept written comments concerning the | 10 |
| permit
application that are postmarked no later than 30 days | 11 |
| after the
filing of the permit application, unless the time | 12 |
| period to accept comments is
extended by the Agency.
| 13 |
| (3) Each applicant for a permit described in part (1) of | 14 |
| this subsection
shall file a
copy of the permit application | 15 |
| with the county board or governing body of the
municipality in | 16 |
| which the MSWLF unit is or is proposed to be located at the
| 17 |
| same time the application is submitted to the Agency. The | 18 |
| permit application
filed with the county board or governing | 19 |
| body of the municipality shall include
all documents submitted | 20 |
| to or to be submitted to the Agency, except trade
secrets as | 21 |
| determined under Section 7.1 of this Act. The permit | 22 |
| application
and other documents on file with the county board | 23 |
| or governing body of the
municipality shall be made available | 24 |
| for public inspection during regular
business hours at the | 25 |
| office of the county board or the governing body of the
| 26 |
| municipality and may be copied upon payment of the actual cost | 27 |
| of
reproduction.
| 28 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05.)".
|
|