Full Text of SB1028 94th General Assembly
SB1028sam001 94TH GENERAL ASSEMBLY
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Sen. Pamela J. Althoff
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 1028
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| AMENDMENT NO. ______. Amend Senate Bill 1028 as follows: | 3 |
| by replacing the title with the following: | 4 |
| "AN ACT concerning pollution control."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
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| "Section 10. The Environmental Protection Act is amended by | 8 |
| changing
Sections 3.330 and 39 and by adding Section 22.51 as | 9 |
| follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, | 13 |
| sanitary
landfill, waste disposal site, waste transfer | 14 |
| station, waste treatment
facility, or waste incinerator. This | 15 |
| includes sewers, sewage treatment
plants, and any other | 16 |
| facilities owned or operated by sanitary districts
organized | 17 |
| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
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| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 21 |
| 761.42;
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| (3) sites or facilities used by any person conducting a | 2 |
| waste storage,
waste treatment, waste disposal, waste | 3 |
| transfer or waste incineration
operation, or a combination | 4 |
| thereof, for wastes generated by such person's
own | 5 |
| activities, when such wastes are stored, treated, disposed | 6 |
| of,
transferred or incinerated within the site or facility | 7 |
| owned, controlled or
operated by such person, or when such | 8 |
| wastes are transported within or
between sites or | 9 |
| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 11 |
| performing removal or
remedial action pursuant to Section | 12 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 14 |
| concrete, earth
materials, gravel, or aggregate debris | 15 |
| resulting from road construction
activities conducted by a | 16 |
| unit of government or construction activities due
to the | 17 |
| construction and installation of underground pipes, lines, | 18 |
| conduit
or wires off of the premises of a public utility | 19 |
| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to | 21 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 23 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal | 25 |
| combustion wastes are
stored or disposed of in accordance | 26 |
| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the | 28 |
| collection,
storage or processing of waste tires as defined | 29 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 31 |
| treatment of
petroleum contaminated materials by | 32 |
| application onto or incorporation into
the soil surface and | 33 |
| any portion of that site or facility used for storage
of | 34 |
| petroleum contaminated materials before treatment. Only |
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| those categories
of petroleum listed in Section
57.9(a)(3) | 2 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 4 |
| is collected or
stored prior to shipment to a recycling or | 5 |
| energy recovery facility, provided
that the used oil is | 6 |
| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business | 8 |
| where oil or gasoline
is sold at retail;
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| (12) the portion of a site or facility utilizing coal | 10 |
| combustion waste
for stabilization and treatment of only | 11 |
| waste generated on that site or
facility when used in | 12 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 14 |
| Liability Act of 1980,
the federal Resource Conservation | 15 |
| and Recovery Act of 1976, or the Illinois
Environmental | 16 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 18 |
| exclusively general
construction or demolition debris, | 19 |
| located in a county with a population over
700,000, and | 20 |
| operated and located in accordance with Section 22.38 of | 21 |
| this Act; and | 22 |
| (14) the portion of a site or facility, located within | 23 |
| a unit of local government that has enacted local zoning | 24 |
| requirements, used to accept, separate, and process | 25 |
| uncontaminated broken concrete, with or without protruding | 26 |
| metal bars, provided that the uncontaminated broken | 27 |
| concrete and metal bars are not speculatively accumulated, | 28 |
| are at the site or facility no longer than one year after | 29 |
| their acceptance, and are returned to the economic | 30 |
| mainstream in the form of raw materials or products ; and
. | 31 |
| (15) the portion of a site or facility used for a | 32 |
| recycling, reclamation, or reuse operation subject to the | 33 |
| permitting requirements of Section 22.51(b) of this Act.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted | 2 |
| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 4 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 6 |
| approval to
store, dispose of, transfer or incinerate, for | 7 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 92-574, eff. 6-26-02; 93-998, eff. 8-23-04.)
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| (415 ILCS 5/22.51 new)
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| Sec. 22.51. Recycling, reclamation, or reuse operations.
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| (a) No person shall conduct any recycling, reclamation, or | 12 |
| reuse operation in violation of this Act or any regulations or | 13 |
| standards adopted by the Board. | 14 |
| (b) On and after July 1, 2005, but prior to July 1, 2006, | 15 |
| no person shall conduct any recycling, reclamation, or reuse | 16 |
| operation unless the person has notified the Agency in writing | 17 |
| of the following: the name and address of the person or entity | 18 |
| conducting the recycling, reclamation, or reuse operation; the | 19 |
| location of the recycling, reclamation, or reuse operation; the | 20 |
| name and address of the site owner; and the types and amounts | 21 |
| of waste and other material being recycled, reclaimed, or | 22 |
| reused. | 23 |
| On and after July 1, 2006, but prior to July 1, 2008, no | 24 |
| person shall conduct any recycling, reclamation, or reuse | 25 |
| operation unless the person has filed an application with the | 26 |
| Agency for a permit for the recycling, reclamation, or reuse | 27 |
| operation. | 28 |
| On and after July 1, 2008, no person shall conduct any | 29 |
| recycling, reclamation, or reuse operation without a permit | 30 |
| granted by the Agency or in violation of any conditions imposed | 31 |
| by such permit, including periodic reports and full access to | 32 |
| adequate records and the inspection of facilities, as may be | 33 |
| necessary to assure compliance with this Act and with Board |
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| regulations and standards adopted under this Act. | 2 |
| This subsection (b) does not apply to the following: | 3 |
| (i) a recycling, reclamation, or reuse operation for | 4 |
| which a permit has been issued under Section 21(d) of this | 5 |
| Act; | 6 |
| (ii) any person conducting a recycling, reclamation, | 7 |
| or reuse operation for waste or other material generated by | 8 |
| such person's own activities which is recycled, reclaimed, | 9 |
| or reused within the site where such waste or other | 10 |
| material is generated; and | 11 |
| (iii) a facility located in a county with a population | 12 |
| over 700,000 that is operated and located in accordance | 13 |
| with Section 22.38 of this Act and used exclusively for the | 14 |
| transfer, storage, or treatment of general construction or | 15 |
| demolition debris. | 16 |
| (c) In accordance with Title VII of this Act, the Board may | 17 |
| adopt regulations to promote the purposes of this Section. | 18 |
| Without limiting the generality of this authority, such | 19 |
| regulations may prescribe, among other things, the following: | 20 |
| standards for the location, design, construction, sanitation, | 21 |
| operation, maintenance, and closure of recycling, reclamation, | 22 |
| or reuse sites and facilities; standards for the handling, | 23 |
| storage, processing, transporting, or treatment of waste and | 24 |
| other material being recycled, reclaimed, or reused; standards | 25 |
| and requirements for the keeping of records and reporting of | 26 |
| data. The regulations may, but are not required to, provide for | 27 |
| the issuance of permits by operation of law for recycling, | 28 |
| reclamation, or reuse operations that are conducted in | 29 |
| accordance with this Act and the regulations and standards | 30 |
| adopted under this Act. | 31 |
| (d) This Section does not apply to the following: | 32 |
| (1) recycling, reclamation, or reuse operations where | 33 |
| more than 20% of the waste and other material accepted | 34 |
| annually is not returned to the economic mainstream in the |
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| form of raw materials or products; | 2 |
| (2) recycling, reclamation, or reuse operations where | 3 |
| waste or other material not originally intended to be | 4 |
| burned or incinerated for energy recovery is burned or | 5 |
| incinerated or prepared for burning or incineration; | 6 |
| (3) recycling, reclamation, or reuse operations where | 7 |
| waste or other material is disposed of; and
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| (4) the recycling, reclamation, or reuse of clean | 9 |
| construction or demolition debris considered waste under | 10 |
| Section 3.160(c) of this Act. | 11 |
| Such operations shall be regulated under this Act and Board | 12 |
| regulations as waste-storage, waste-treatment, or | 13 |
| waste-disposal operations. | 14 |
| (e) This Section and the permitting requirements of Section | 15 |
| 21(d) do not apply to recycling, reclamation, or reuse | 16 |
| operations that meet the following criteria: | 17 |
| (1) the recycling, reclamation, or reuse operation | 18 |
| recycles, reclaims, or reuses only dry paper (including, | 19 |
| but not limited to, newspapers, magazines, cardboard, and | 20 |
| office paper), glass, plastic, metal cans (including, but | 21 |
| not limited to, aluminum and steel cans), household | 22 |
| aluminum containers (including, but not limited to, pie | 23 |
| pans and baking pans), household aluminum foil, or | 24 |
| textiles; | 25 |
| (2) 80% or more of the waste and other material | 26 |
| accepted annually by the recycling, reclamation, or reuse | 27 |
| operation is returned to the economic mainstream in the | 28 |
| form of raw materials or products; | 29 |
| (3) the recycling, reclamation, or reuse operation | 30 |
| does not accept hazardous waste, special waste, or | 31 |
| hazardous substances; and | 32 |
| (4) the owner or operator of the recycling, | 33 |
| reclamation, or reuse operation has certified to the Agency | 34 |
| that the recycling, reclamation, or reuse operation meets |
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| the criteria of this subsection (e); certifications to be | 2 |
| provided in a format prescribed by the Agency.
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| (f) This Section does not apply to hazardous waste.
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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 | 8 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 9 |
| applicant shall apply to
the Agency for such permit and it | 10 |
| shall be the duty of the Agency to
issue such a permit upon | 11 |
| proof by the applicant that the facility,
equipment, vehicle, | 12 |
| vessel, or aircraft will not cause a violation of
this Act or | 13 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 15 |
| Section.
In making its determinations on permit applications | 16 |
| under this Section the Agency may consider prior adjudications | 17 |
| of
noncompliance with this Act by the applicant that involved a | 18 |
| release of a
contaminant into the environment. In granting | 19 |
| permits, the Agency
may impose reasonable conditions | 20 |
| specifically related to the applicant's past
compliance | 21 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 23 |
| conditions
as may be necessary to accomplish the purposes of | 24 |
| this Act, and as are not
inconsistent with the regulations | 25 |
| promulgated by the Board hereunder. Except as
otherwise | 26 |
| provided in this Act, a bond or other security shall not be | 27 |
| required
as a condition for the issuance of a permit. If the | 28 |
| Agency denies any permit
under this Section, the Agency shall | 29 |
| transmit to the applicant within the time
limitations of this | 30 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 32 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if |
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| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 3 |
| under this Act,
which may be violated if the permit were | 4 |
| granted;
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| (iii) the specific type of information, if any, which | 6 |
| the Agency
deems the applicant did not provide the Agency; | 7 |
| and
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| (iv) a statement of specific reasons why the Act and | 9 |
| the regulations
might not be met if the permit were | 10 |
| granted.
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| If there is no final action by the Agency within 90 days | 12 |
| after the
filing of the application for permit, the applicant | 13 |
| may deem the permit
issued; except that this time period shall | 14 |
| be extended to 180 days when
(1) notice and opportunity for | 15 |
| public hearing are required by State or
federal law or | 16 |
| regulation, (2) the application which was filed is for
any | 17 |
| permit to develop a landfill subject to issuance pursuant to | 18 |
| this
subsection, or (3) the application that was filed is for a | 19 |
| MSWLF unit
required to issue public notice under subsection (p) | 20 |
| of Section 39. The
90-day and 180-day time periods for the | 21 |
| Agency to take final action do not
apply to NPDES permit | 22 |
| applications under subsection (b) of this Section,
to RCRA | 23 |
| permit applications under subsection (d) of this Section, or
to | 24 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 26 |
| determinations for
development permits for MSWLF units and for | 27 |
| significant permit modifications
for lateral expansions for | 28 |
| existing MSWLF units one time in a newspaper of
general | 29 |
| circulation in the county in which the unit is or is proposed | 30 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 32 |
| permits issued under
this Section by the
Agency for sources of | 33 |
| air pollution permitted to emit less than 25 tons
per year of | 34 |
| 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 | 2 |
| upon written
request by the Agency consistent with applicable | 3 |
| provisions of this Act and
regulations promulgated hereunder. | 4 |
| Such operating permits shall expire
180 days after the date of | 5 |
| such a request. The Board shall revise its
regulations for the | 6 |
| existing State air pollution operating permit program
| 7 |
| consistent with this provision by January 1, 1994.
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| After June 30, 1998, operating permits issued under this | 9 |
| Section by the
Agency for sources of air pollution that are not | 10 |
| subject to Section 39.5 of
this Act and are not required to | 11 |
| have a federally enforceable State operating
permit shall be | 12 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 14 |
| rules. Such
operating permits shall expire 180 days after the | 15 |
| date of such a request.
Before July 1, 1998, the Board shall | 16 |
| revise its rules for the existing State
air pollution operating | 17 |
| permit program consistent with this paragraph and shall
adopt | 18 |
| rules that require a source to demonstrate that it qualifies | 19 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 21 |
| this
subsection for the discharge of contaminants from point | 22 |
| sources into
navigable waters, all as defined in the Federal | 23 |
| Water Pollution Control
Act, as now or hereafter amended, | 24 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 26 |
| including
but not limited to schedules of compliance, which may | 27 |
| be required to
accomplish the purposes and provisions of this | 28 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 30 |
| from categories
of point sources which are subject to the same | 31 |
| permit limitations and
conditions. Such general permits may be | 32 |
| issued without individual
applications and shall conform to | 33 |
| regulations promulgated under Section 402
of the Federal Water | 34 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 2 |
| limitations
and other requirements established under this Act, | 3 |
| Board regulations,
the Federal Water Pollution Control Act, as | 4 |
| now or hereafter amended, and
regulations pursuant thereto, and | 5 |
| schedules for achieving compliance
therewith at the earliest | 6 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 8 |
| which are
necessary and appropriate for the issuance of NPDES | 9 |
| permits, and which
are consistent with the Act or regulations | 10 |
| adopted by the Board, and
with the Federal Water Pollution | 11 |
| Control Act, as now or hereafter
amended, and regulations | 12 |
| pursuant thereto.
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| The Agency, subject to any conditions which may be | 14 |
| prescribed by
Board regulations, may issue NPDES permits to | 15 |
| allow discharges beyond
deadlines established by this Act or by | 16 |
| regulations of the Board without
the requirement of a variance, | 17 |
| subject to the Federal Water Pollution
Control Act, as now or | 18 |
| hereafter amended, and regulations pursuant thereto.
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| (c) Except for those facilities owned or operated by | 20 |
| sanitary districts
organized under the Metropolitan Water | 21 |
| Reclamation District Act, no
permit for the development or | 22 |
| construction of a new pollution control
facility may be granted | 23 |
| by the Agency unless the applicant submits proof to the
Agency | 24 |
| that the location of the facility has been approved by the | 25 |
| County Board
of the county if in an unincorporated area, or the | 26 |
| governing body of the
municipality when in an incorporated | 27 |
| area, in which the facility is to be
located in accordance with | 28 |
| Section 39.2 of this Act.
| 29 |
| In the event that siting approval granted pursuant to | 30 |
| Section 39.2 has
been transferred to a subsequent owner or | 31 |
| operator, that subsequent owner or
operator may apply to the | 32 |
| Agency for, and the Agency may grant, a development
or | 33 |
| construction permit for the facility for which local siting | 34 |
| approval was
granted. Upon application to the Agency for a |
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| development or
construction permit by that subsequent owner or | 2 |
| operator,
the permit applicant shall cause written notice of | 3 |
| the permit application
to be served upon the appropriate county | 4 |
| board or governing body of the
municipality that granted siting | 5 |
| approval for that facility and upon any party
to the siting | 6 |
| proceeding pursuant to which siting approval was granted. In
| 7 |
| that event, the Agency shall conduct an evaluation of the | 8 |
| subsequent owner or
operator's prior experience in waste | 9 |
| management operations in the manner
conducted under subsection | 10 |
| (i) of Section 39 of this Act.
| 11 |
| Beginning August 20, 1993, if the pollution control | 12 |
| facility consists of a
hazardous or solid waste disposal | 13 |
| facility for which the proposed site is
located in an | 14 |
| unincorporated area of a county with a population of less than
| 15 |
| 100,000 and includes all or a portion of a parcel of land that | 16 |
| was, on April 1,
1993, adjacent to a municipality having a | 17 |
| population of less than 5,000, then
the local siting review | 18 |
| required under this subsection (c) in conjunction with
any | 19 |
| permit applied for after that date shall be performed by the | 20 |
| governing body
of that adjacent municipality rather than the | 21 |
| county board of the county in
which the proposed site is | 22 |
| located; and for the purposes of that local siting
review, any | 23 |
| references in this Act to the county board shall be deemed to | 24 |
| mean
the governing body of that adjacent municipality; | 25 |
| provided, however, that the
provisions of this paragraph shall | 26 |
| not apply to any proposed site which was, on
April 1, 1993, | 27 |
| owned in whole or in part by another municipality.
| 28 |
| In the case of a pollution control facility for which a
| 29 |
| development permit was issued before November 12, 1981, if an | 30 |
| operating
permit has not been issued by the Agency prior to | 31 |
| August 31, 1989 for
any portion of the facility, then the | 32 |
| Agency may not issue or renew any
development permit nor issue | 33 |
| an original operating permit for any portion of
such facility | 34 |
| 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 | 2 |
| county board or
municipal governing body pursuant to Section | 3 |
| 39.2 of this Act.
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| After January 1, 1994, if a solid waste
disposal facility, | 5 |
| any portion for which an operating permit has been issued by
| 6 |
| the Agency, has not accepted waste disposal for 5 or more | 7 |
| consecutive calendars
years, before that facility may accept | 8 |
| any new or additional waste for
disposal, the owner and | 9 |
| operator must obtain a new operating permit under this
Act for | 10 |
| that facility unless the owner and operator have applied to the | 11 |
| Agency
for a permit authorizing the temporary suspension of | 12 |
| waste acceptance. The
Agency may not issue a new operation | 13 |
| permit under this Act for the facility
unless the applicant has | 14 |
| submitted proof to the Agency that the location of the
facility | 15 |
| has been approved or re-approved by the appropriate county | 16 |
| board or
municipal governing body under Section 39.2 of this | 17 |
| Act after the facility
ceased accepting waste.
| 18 |
| Except for those facilities owned or operated by sanitary | 19 |
| districts
organized under the Metropolitan Water Reclamation | 20 |
| District Act, and
except for new pollution control facilities | 21 |
| governed by Section 39.2,
and except for fossil fuel mining | 22 |
| facilities, the granting of a permit under
this Act shall not | 23 |
| relieve the applicant from meeting and securing all
necessary | 24 |
| zoning approvals from the unit of government having zoning
| 25 |
| jurisdiction over the proposed facility.
| 26 |
| Before beginning construction on any new sewage treatment | 27 |
| plant or sludge
drying site to be owned or operated by a | 28 |
| sanitary district organized under
the Metropolitan Water | 29 |
| Reclamation District Act for which a new
permit (rather than | 30 |
| the renewal or amendment of an existing permit) is
required, | 31 |
| such sanitary district shall hold a public hearing within the
| 32 |
| municipality within which the proposed facility is to be | 33 |
| located, or within the
nearest community if the proposed | 34 |
| facility is to be located within an
unincorporated area, at |
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| which information concerning the proposed facility
shall be | 2 |
| made available to the public, and members of the public shall | 3 |
| be given
the opportunity to express their views concerning the | 4 |
| proposed facility.
| 5 |
| The Agency may issue a permit for a municipal waste | 6 |
| transfer station
without requiring approval pursuant to | 7 |
| Section 39.2 provided that the following
demonstration is made:
| 8 |
| (1) the municipal waste transfer station was in | 9 |
| existence on or before
January 1, 1979 and was in | 10 |
| continuous operation from January 1, 1979 to January
1, | 11 |
| 1993;
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| (2) the operator submitted a permit application to the | 13 |
| Agency to develop
and operate the municipal waste transfer | 14 |
| station during April of 1994;
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| (3) the operator can demonstrate that the county board | 16 |
| of the county, if
the municipal waste transfer station is | 17 |
| in an unincorporated area, or the
governing body of the | 18 |
| municipality, if the station is in an incorporated area,
| 19 |
| does not object to resumption of the operation of the | 20 |
| station; and
| 21 |
| (4) the site has local zoning approval.
| 22 |
| (d) The Agency may issue RCRA permits exclusively under | 23 |
| this
subsection to persons owning or operating a facility for | 24 |
| the treatment,
storage, or disposal of hazardous waste as | 25 |
| defined under this Act.
| 26 |
| All RCRA permits shall contain those terms and conditions, | 27 |
| including but
not limited to schedules of compliance, which may | 28 |
| be required to accomplish
the purposes and provisions of this | 29 |
| Act. The Agency may include among such
conditions standards and | 30 |
| other requirements established under this Act,
Board | 31 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 32 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 33 |
| and may include
schedules for achieving compliance therewith as | 34 |
| soon as possible. The
Agency shall require that a performance |
|
|
|
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| 1 |
| bond or other security be provided
as a condition for the | 2 |
| issuance of a RCRA permit.
| 3 |
| In the case of a permit to operate a hazardous waste or PCB | 4 |
| incinerator
as defined in subsection (k) of Section 44, the | 5 |
| Agency shall require, as a
condition of the permit, that the | 6 |
| operator of the facility perform such
analyses of the waste to | 7 |
| be incinerated as may be necessary and appropriate
to ensure | 8 |
| the safe operation of the incinerator.
| 9 |
| The Agency shall adopt filing requirements and procedures | 10 |
| which
are necessary and appropriate for the issuance of RCRA | 11 |
| permits, and which
are consistent with the Act or regulations | 12 |
| adopted by the Board, and with
the Resource Conservation and | 13 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 14 |
| 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 |
| (e) The Agency may issue UIC permits exclusively under this
| 25 |
| subsection to persons owning or operating a facility for the | 26 |
| underground
injection of contaminants as defined under this | 27 |
| Act.
| 28 |
| All UIC permits shall contain those terms and conditions, | 29 |
| including but
not limited to schedules of compliance, which may | 30 |
| be required to accomplish
the purposes and provisions of this | 31 |
| Act. The Agency may include among such
conditions standards and | 32 |
| other requirements established under this Act,
Board | 33 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 34 |
| amended,
and regulations pursuant thereto, and may include |
|
|
|
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| 1 |
| schedules for achieving
compliance therewith. The Agency shall | 2 |
| require that a performance bond or
other security be provided | 3 |
| as a condition for the issuance of a UIC permit.
| 4 |
| The Agency shall adopt filing requirements and procedures | 5 |
| which
are necessary and appropriate for the issuance of UIC | 6 |
| permits, and which
are consistent with the Act or regulations | 7 |
| adopted by the Board, and with
the Safe Drinking Water Act | 8 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 9 |
| The applicant shall make available to the public for | 10 |
| inspection, all
documents submitted by the applicant to the | 11 |
| Agency in furtherance of an
application, with the exception of | 12 |
| trade secrets, at the office of the county
board or governing | 13 |
| body of the municipality. Such documents may be copied upon
| 14 |
| payment of the actual cost of reproduction during regular | 15 |
| business hours of the
local office. The Agency shall issue a | 16 |
| written statement concurrent with its
grant or denial of the | 17 |
| permit explaining the basis for its decision.
| 18 |
| (f) In making any determination pursuant to Section 9.1 of | 19 |
| this Act:
| 20 |
| (1) The Agency shall have authority to make the | 21 |
| determination of any
question required to be determined by | 22 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 23 |
| or the regulations of the Board, including the
| 24 |
| determination of the Lowest Achievable Emission Rate, | 25 |
| Maximum Achievable
Control Technology, or Best Available | 26 |
| Control Technology, consistent with the
Board's | 27 |
| regulations, if any.
| 28 |
| (2) The Agency shall, after conferring with the | 29 |
| applicant, give written
notice to the applicant of its | 30 |
| proposed decision on the application including
the terms | 31 |
| and conditions of the permit to be issued and the facts, | 32 |
| conduct
or other basis upon which the Agency will rely to | 33 |
| support its proposed action.
| 34 |
| (3) Following such notice, the Agency shall give the |
|
|
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| applicant an
opportunity for a hearing in accordance with | 2 |
| the provisions of Sections
10-25 through 10-60 of the | 3 |
| Illinois Administrative Procedure Act.
| 4 |
| (g) The Agency shall include as conditions upon all permits | 5 |
| issued for
hazardous waste disposal sites such restrictions | 6 |
| upon the future use
of such sites as are reasonably necessary | 7 |
| to protect public health and
the environment, including | 8 |
| permanent prohibition of the use of such
sites for purposes | 9 |
| which may create an unreasonable risk of injury to human
health | 10 |
| or to the environment. After administrative and judicial | 11 |
| challenges
to such restrictions have been exhausted, the Agency | 12 |
| shall file such
restrictions of record in the Office of the | 13 |
| Recorder of the county in which
the hazardous waste disposal | 14 |
| site is located.
| 15 |
| (h) A hazardous waste stream may not be deposited in a | 16 |
| permitted hazardous
waste site unless specific authorization | 17 |
| is obtained from the Agency by the
generator and disposal site | 18 |
| owner and operator for the deposit of that specific
hazardous | 19 |
| waste stream. The Agency may grant specific authorization for
| 20 |
| disposal of hazardous waste streams only after the generator | 21 |
| has reasonably
demonstrated that, considering
technological | 22 |
| feasibility and economic reasonableness, the hazardous waste
| 23 |
| cannot be reasonably recycled for reuse, nor incinerated or | 24 |
| chemically,
physically or biologically treated so as to | 25 |
| neutralize the hazardous waste
and render it nonhazardous. In | 26 |
| granting authorization under this Section,
the Agency may | 27 |
| impose such conditions as may be necessary to accomplish
the | 28 |
| purposes of the Act and are consistent with this Act and | 29 |
| regulations
promulgated by the Board hereunder. If the Agency | 30 |
| refuses to grant
authorization under this Section, the | 31 |
| applicant may appeal as if the Agency
refused to grant a | 32 |
| permit, pursuant to the provisions of subsection (a) of
Section | 33 |
| 40 of this Act. For purposes of this subsection (h), the term
| 34 |
| "generator" has the meaning given in Section 3.205 of this Act,
|
|
|
|
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| unless: (1) the hazardous waste is treated, incinerated, or | 2 |
| partially recycled
for reuse prior to disposal, in which case | 3 |
| the last person who treats,
incinerates, or partially recycles | 4 |
| the hazardous waste prior to disposal is the
generator; or (2) | 5 |
| the hazardous waste is from a response action, in which case
| 6 |
| the person performing the response action is the generator. | 7 |
| This subsection
(h) does not apply to any hazardous waste that | 8 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 9 |
| (i) Before issuing any RCRA permit or any permit for a | 10 |
| waste storage site,
sanitary landfill, waste disposal site, | 11 |
| waste transfer station, waste treatment
facility, waste | 12 |
| incinerator, or any waste-transportation operation, the Agency
| 13 |
| shall conduct an evaluation of the prospective owner's or | 14 |
| operator's prior
experience in waste management operations. | 15 |
| The Agency may deny such a permit
if the prospective owner or | 16 |
| operator or any employee or officer of the
prospective owner or | 17 |
| operator has a history of:
| 18 |
| (1) repeated violations of federal, State, or local | 19 |
| laws, regulations,
standards, or ordinances in the | 20 |
| operation of waste management facilities or
sites; or
| 21 |
| (2) conviction in this or another State of any crime | 22 |
| which is a felony
under the laws of this State, or | 23 |
| conviction of a felony in a federal court; or
| 24 |
| (3) proof of gross carelessness or incompetence in | 25 |
| handling, storing,
processing, transporting or disposing | 26 |
| of waste.
| 27 |
| (j) The issuance under this Act of a permit to engage in | 28 |
| the surface mining
of any resources other than fossil fuels | 29 |
| shall not relieve
the permittee from its duty to comply with | 30 |
| any applicable local law regulating
the commencement, location | 31 |
| or operation of surface mining facilities.
| 32 |
| (k) A development permit issued under subsection (a) of | 33 |
| Section 39 for any
facility or site which is required to have a | 34 |
| permit under subsection (d) of
Section 21 shall expire at the |
|
|
|
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| 1 |
| end of 2 calendar years from the date upon which
it was issued, | 2 |
| unless within that period the applicant has taken action to
| 3 |
| develop the facility or the site. In the event that review of | 4 |
| the
conditions of the development permit is sought pursuant to | 5 |
| Section 40 or
41, or permittee is prevented from commencing | 6 |
| development of the facility
or site by any other litigation | 7 |
| beyond the permittee's control, such
two-year period shall be | 8 |
| deemed to begin on the date upon which such review
process or | 9 |
| litigation is concluded.
| 10 |
| (l) No permit shall be issued by the Agency under this Act | 11 |
| for
construction or operation of any facility or site located | 12 |
| within the
boundaries of any setback zone established pursuant | 13 |
| to this Act, where such
construction or operation is | 14 |
| prohibited.
| 15 |
| (m) The Agency may issue permits to persons owning or | 16 |
| operating
a facility for composting landscape waste. In | 17 |
| granting such permits, the Agency
may impose such conditions as | 18 |
| may be necessary to accomplish the purposes of
this Act, and as | 19 |
| are not inconsistent with applicable regulations promulgated
| 20 |
| by the Board. Except as otherwise provided in this Act, a bond | 21 |
| or other
security shall not be required as a condition for the | 22 |
| issuance of a permit. If
the Agency denies any permit pursuant | 23 |
| to this subsection, the Agency shall
transmit to the applicant | 24 |
| within the time limitations of this subsection
specific, | 25 |
| detailed statements as to the reasons the permit application | 26 |
| was
denied. Such statements shall include but not be limited to | 27 |
| the following:
| 28 |
| (1) the Sections of this Act that may be violated if | 29 |
| the permit
were granted;
| 30 |
| (2) the specific regulations promulgated pursuant to | 31 |
| this
Act that may be violated if the permit were granted;
| 32 |
| (3) the specific information, if any, the Agency deems | 33 |
| the
applicant did not provide in its application to the | 34 |
| Agency; and
|
|
|
|
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|
| 1 |
| (4) a statement of specific reasons why the Act and the | 2 |
| regulations
might be violated if the permit were granted.
| 3 |
| If no final action is taken by the Agency within 90 days | 4 |
| after the filing
of the application for permit, the applicant | 5 |
| may deem the permit issued.
Any applicant for a permit may | 6 |
| waive the 90 day limitation by filing a
written statement with | 7 |
| the Agency.
| 8 |
| The Agency shall issue permits for such facilities upon | 9 |
| receipt of an
application that includes a legal description of | 10 |
| the site, a topographic
map of the site drawn to the scale of | 11 |
| 200 feet to the inch or larger, a
description of the operation, | 12 |
| including the area served, an estimate of
the volume of | 13 |
| materials to be processed, and documentation that:
| 14 |
| (1) the facility includes a setback of at
least 200 | 15 |
| feet from the nearest potable water supply well;
| 16 |
| (2) the facility is located outside the boundary
of the | 17 |
| 10-year floodplain or the site will be floodproofed;
| 18 |
| (3) the facility is located so as to minimize
| 19 |
| incompatibility with the character of the surrounding | 20 |
| area, including at
least a 200 foot setback from any | 21 |
| residence, and in the case of a
facility that is developed | 22 |
| or the permitted composting area of which is
expanded after | 23 |
| November 17, 1991, the composting area is located at least | 24 |
| 1/8
mile from the nearest residence (other than a residence | 25 |
| located on the same
property as the facility);
| 26 |
| (4) the design of the facility will prevent any compost | 27 |
| material from
being placed within 5 feet of the water | 28 |
| table, will adequately control runoff
from the site, and | 29 |
| will collect and manage any leachate that is generated on
| 30 |
| the site;
| 31 |
| (5) the operation of the facility will include | 32 |
| appropriate dust
and odor control measures, limitations on | 33 |
| operating hours, appropriate
noise control measures for | 34 |
| shredding, chipping and similar equipment,
management |
|
|
|
09400SB1028sam001 |
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|
| 1 |
| procedures for composting, containment and disposal of
| 2 |
| non-compostable wastes, procedures to be used for
| 3 |
| terminating operations at the site, and recordkeeping | 4 |
| sufficient to
document the amount of materials received, | 5 |
| composted and otherwise
disposed of; and
| 6 |
| (6) the operation will be conducted in accordance with | 7 |
| any applicable
rules adopted by the Board.
| 8 |
| The Agency shall issue renewable permits of not longer than | 9 |
| 10 years
in duration for the composting of landscape wastes, as | 10 |
| defined in Section
3.155 of this Act, based on the above | 11 |
| requirements.
| 12 |
| The operator of any facility permitted under this | 13 |
| subsection (m) must
submit a written annual statement to the | 14 |
| Agency on or before April 1 of
each year that includes an | 15 |
| estimate of the amount of material, in tons,
received for | 16 |
| composting.
| 17 |
| (n) The Agency shall issue permits jointly with the | 18 |
| Department of
Transportation for the dredging or deposit of | 19 |
| material in Lake Michigan in
accordance with Section 18 of the | 20 |
| Rivers, Lakes, and Streams Act.
| 21 |
| (o) (Blank.)
| 22 |
| (p) (1) Any person submitting an application for a permit | 23 |
| for a new MSWLF
unit or for a lateral expansion under | 24 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 25 |
| unit that has not received and is not subject to local
siting | 26 |
| approval under Section 39.2 of this Act shall publish notice of | 27 |
| the
application in a newspaper of general circulation in the | 28 |
| county in which the
MSWLF unit is or is proposed to be located. | 29 |
| The notice must be published at
least 15 days before submission | 30 |
| of the permit application to the Agency. The
notice shall state | 31 |
| the name and address of the applicant, the location of the
| 32 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the | 33 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 34 |
| proposed, the probable life of
the proposed activity, the date |
|
|
|
09400SB1028sam001 |
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|
| 1 |
| the permit application will be submitted, and a
statement that | 2 |
| persons may file written comments with the Agency concerning | 3 |
| the
permit application within 30 days after the filing of the | 4 |
| permit application
unless the time period to submit comments is | 5 |
| extended by the Agency.
| 6 |
| When a permit applicant submits information to the Agency | 7 |
| to supplement a
permit application being reviewed by the | 8 |
| Agency, the applicant shall not be
required to reissue the | 9 |
| notice under this subsection.
| 10 |
| (2) The Agency shall accept written comments concerning the | 11 |
| permit
application that are postmarked no later than 30 days | 12 |
| after the
filing of the permit application, unless the time | 13 |
| period to accept comments is
extended by the Agency.
| 14 |
| (3) Each applicant for a permit described in part (1) of | 15 |
| this subsection
shall file a
copy of the permit application | 16 |
| with the county board or governing body of the
municipality in | 17 |
| which the MSWLF unit is or is proposed to be located at the
| 18 |
| same time the application is submitted to the Agency. The | 19 |
| permit application
filed with the county board or governing | 20 |
| body of the municipality shall include
all documents submitted | 21 |
| to or to be submitted to the Agency, except trade
secrets as | 22 |
| determined under Section 7.1 of this Act. The permit | 23 |
| application
and other documents on file with the county board | 24 |
| or governing body of the
municipality shall be made available | 25 |
| for public inspection during regular
business hours at the | 26 |
| office of the county board or the governing body of the
| 27 |
| municipality and may be copied upon payment of the actual cost | 28 |
| of
reproduction.
| 29 |
| (q) Until such time as the Board adopts regulations | 30 |
| requiring a permit for a recycling, reclamation, or reuse | 31 |
| operation for which a permit is sought, the applicant shall | 32 |
| apply to the Agency for such a permit exclusively under this | 33 |
| subsection (q), and it shall be the duty of the Agency to issue | 34 |
| such a permit upon proof by the applicant of the following: |
|
|
|
09400SB1028sam001 |
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|
| 1 |
| (1) the recycling, reclamation, or reuse operation | 2 |
| will not violate this Act or regulations or standards | 3 |
| adopted by the Board, and will otherwise adequately protect | 4 |
| human health and safety and the environment; | 5 |
| (2) the raw material or product created from the waste | 6 |
| or other material being recycled, reclaimed, or reused is | 7 |
| intended to function or serve as an effective substitute | 8 |
| for an analogous raw material or product; | 9 |
| (3) a market exists for the raw material or product | 10 |
| created from the waste or other material being recycled, | 11 |
| reclaimed, or reused; | 12 |
| (4) the waste or other material being recycled, | 13 |
| reclaimed, or reused is returned to the economic mainstream | 14 |
| as a raw material or product; and | 15 |
| (5) the recycling, reclamation, or reuse does not | 16 |
| constitute disposal. | 17 |
| In granting permits, the Agency may impose such conditions | 18 |
| as may be necessary to assure compliance with this Act and with | 19 |
| Board regulations and standards adopted under this Act. | 20 |
| Applications for permits submitted under this subsection (q) | 21 |
| shall be submitted on forms and contain the information and | 22 |
| data prescribed by the Agency. | 23 |
| Upon the Board's adoption of regulations requiring a permit | 24 |
| for a recycling, reclamation, or reuse operation for which a | 25 |
| permit is sought, the applicant shall apply to the Agency for | 26 |
| such a permit in accordance with subsection (a) of this Section | 27 |
| and Board regulations. Any permit issued for a recycling, | 28 |
| reclamation, or reuse operation under this subsection (q) shall | 29 |
| expire no later than one year after the date the Board adopts | 30 |
| rules requiring a permit for the recycling, reclamation, or | 31 |
| reuse operation. | 32 |
| This subsection (q) applies only to permits required under | 33 |
| Section 22.51(b) of this Act.
| 34 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)".
|
|