Full Text of HB0918 94th General Assembly
HB0918enr 94TH GENERAL ASSEMBLY
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HB0918 Enrolled |
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LRB094 04219 RSP 34243 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 39.2 as follows:
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| (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
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| Sec. 39.2. Local siting review.
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| (a) The county board of the county or the governing body of | 9 |
| the
municipality, as determined by paragraph (c) of Section 39 | 10 |
| of this Act, shall
approve or disapprove the request for local | 11 |
| siting approval for each pollution
control facility which is | 12 |
| subject to such review. An applicant for local
siting approval | 13 |
| shall submit sufficient details describing the proposed
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| facility to demonstrate compliance, and local siting approval | 15 |
| shall be granted
only if the proposed facility meets the | 16 |
| following criteria:
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| (i) the facility is necessary to accommodate the waste | 18 |
| needs of the area
it is intended to serve;
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| (ii) the facility is so designed, located and proposed | 20 |
| to be operated
that the public health, safety and welfare | 21 |
| will be protected;
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| (iii) the facility is located so as to minimize | 23 |
| incompatibility with the
character of the surrounding area | 24 |
| and to minimize the effect on the value of
the surrounding | 25 |
| property;
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| (iv) (A) for a facility other than a sanitary landfill | 27 |
| or waste disposal
site, the facility is located outside the | 28 |
| boundary of the 100 year flood plain
or the site is | 29 |
| flood-proofed; (B) for a facility that is a sanitary | 30 |
| landfill
or waste disposal site, the facility is located | 31 |
| outside the boundary of the
100-year floodplain, or if the | 32 |
| facility is a facility described in subsection
(b)(3) of |
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| Section 22.19a, the site is flood-proofed;
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| (v) the plan of operations for the facility is designed | 3 |
| to minimize
the danger to the surrounding area from fire, | 4 |
| spills, or other operational
accidents;
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| (vi) the traffic patterns to or from the facility are | 6 |
| so designed as to
minimize the impact on existing traffic | 7 |
| flows;
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| (vii) if the facility will be treating, storing or | 9 |
| disposing of
hazardous waste, an emergency response plan | 10 |
| exists for the facility which
includes notification, | 11 |
| containment and evacuation procedures to be used in
case of | 12 |
| an accidental release;
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| (viii) if the facility is to be located in a county | 14 |
| where the county
board has adopted a solid waste management | 15 |
| plan consistent with the planning
requirements of the Local | 16 |
| Solid Waste Disposal Act or the Solid Waste Planning
and | 17 |
| Recycling Act, the facility is
consistent with that plan; | 18 |
| for purposes of this criterion (viii), the "solid waste | 19 |
| management plan" means the plan that is in effect as of the | 20 |
| date the application for siting approval is filed; and
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| (ix) if the facility will be located within a regulated | 22 |
| recharge area,
any applicable requirements specified by | 23 |
| the Board for such areas have been
met.
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| The county board or the governing body of the municipality | 25 |
| may also
consider as evidence the previous operating experience | 26 |
| and past record of
convictions or admissions of violations of | 27 |
| the applicant (and any subsidiary
or parent corporation) in the | 28 |
| field of solid waste management when
considering criteria (ii) | 29 |
| and (v) under this Section.
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| (b) No later than 14 days before the date on which the | 31 |
| county board or
governing body of the municipality receives a | 32 |
| request for
site approval, the applicant shall cause written | 33 |
| notice
of such request to be served either in person or by | 34 |
| registered mail, return
receipt requested, on the owners of all | 35 |
| property within the subject area not
solely owned by the | 36 |
| applicant, and on the owners of all property within 250
feet in |
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LRB094 04219 RSP 34243 b |
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| each direction of the lot line of the subject property, said | 2 |
| owners
being such persons or entities which appear from the | 3 |
| authentic tax records of
the County in which such facility is | 4 |
| to be located; provided, that the number
of all feet occupied | 5 |
| by all public roads, streets, alleys and other public ways
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| shall be excluded in computing the 250 feet requirement; | 7 |
| provided further, that
in no event shall this requirement | 8 |
| exceed 400 feet, including public streets,
alleys and other | 9 |
| public ways.
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| Such written notice shall also be served upon members of | 11 |
| the General Assembly
from the legislative district in which the | 12 |
| proposed facility is located
and shall be published in a | 13 |
| newspaper of general circulation published in
the county in | 14 |
| which the site is located.
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| Such notice shall state the name and address of the | 16 |
| applicant, the location
of the proposed site, the nature and | 17 |
| size of the development, the nature of the
activity proposed, | 18 |
| the probable life of the proposed activity, the date when
the | 19 |
| request for site approval will be submitted, and a description | 20 |
| of the right
of persons to comment on such request as hereafter | 21 |
| provided.
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| (c) An applicant shall file a copy of its request with the | 23 |
| county board
of the county or the governing body of the | 24 |
| municipality in which the proposed
site is located. The request | 25 |
| shall include (i) the substance of the
applicant's proposal and | 26 |
| (ii) all documents, if any, submitted as of that date
to the | 27 |
| Agency pertaining to the proposed facility, except trade | 28 |
| secrets as
determined under Section 7.1 of this Act. All such | 29 |
| documents or other
materials on file with the county board or | 30 |
| governing body of the municipality
shall be made available for | 31 |
| public inspection at the office of the county board
or the | 32 |
| governing body of the municipality and may be copied upon | 33 |
| payment of the
actual cost of reproduction.
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| Any person may file written comment with the county board | 35 |
| or governing
body of the municipality concerning the | 36 |
| appropriateness of the proposed
site for its intended purpose. |
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LRB094 04219 RSP 34243 b |
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| The county board or governing body of the
municipality shall | 2 |
| consider any comment received or postmarked not later
than 30 | 3 |
| days after the date of the last public hearing.
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| (d) At least one public hearing is to be held by the county | 5 |
| board or
governing body of the municipality no sooner than 90 | 6 |
| days but no later than
120 days after the date on which it | 7 |
| received the
request for site approval. No later than 14 days | 8 |
| prior to such hearing,
notice shall be published in a newspaper | 9 |
| of general circulation published in
the county of the proposed | 10 |
| site, and delivered by certified mail to all members
of the | 11 |
| General Assembly from the district in which the proposed site | 12 |
| is
located, to the governing authority of every municipality | 13 |
| contiguous to the
proposed site or contiguous to the | 14 |
| municipality in which the proposed site is
to be located, to | 15 |
| the county board of the county where the proposed site is to
be | 16 |
| located, if the proposed site is located within the boundaries | 17 |
| of a
municipality, and to the Agency. Members or | 18 |
| representatives of the governing
authority of a municipality | 19 |
| contiguous to the proposed site or contiguous to
the | 20 |
| municipality in which the proposed site is to be located and, | 21 |
| if the
proposed site is located in a municipality, members or | 22 |
| representatives of the
county board of a county in which the | 23 |
| proposed site is to be located may appear
at and participate in | 24 |
| public hearings held pursuant to this Section. The
public | 25 |
| hearing shall develop a record sufficient to form the basis of | 26 |
| appeal
of the decision in accordance with Section 40.1 of this | 27 |
| Act. The fact that a
member of the county board or governing | 28 |
| body of the municipality has publicly
expressed an opinion on | 29 |
| an issue related to a site review proceeding shall not
preclude | 30 |
| the member from taking part in the proceeding and voting on the | 31 |
| issue.
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| (e) Decisions of the county board or governing body of the | 33 |
| municipality
are to be in writing, specifying the reasons for | 34 |
| the decision, such reasons
to be in conformance with subsection | 35 |
| (a) of this Section. In granting approval
for a site the county | 36 |
| board or governing body of the municipality may impose
such |
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| conditions as may be reasonable and necessary to accomplish the | 2 |
| purposes
of this Section and as are not inconsistent with | 3 |
| regulations promulgated
by the Board. Such decision shall be | 4 |
| available for public inspection at
the office of the county | 5 |
| board or governing body of the municipality and
may be copied | 6 |
| upon payment of the actual cost of reproduction. If there is
no | 7 |
| final action by the county board or governing body of the | 8 |
| municipality
within 180 days after the date on which it | 9 |
| received the
request for site approval, the applicant may deem | 10 |
| the request approved.
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| At any time prior to completion by the applicant of the | 12 |
| presentation of
the applicant's factual evidence and an | 13 |
| opportunity for cross-questioning
by the county board or | 14 |
| governing body of the municipality and any participants,
the | 15 |
| applicant may file not more than one amended application upon | 16 |
| payment
of additional fees pursuant to subsection (k); in which | 17 |
| case the time
limitation for final action set forth in this | 18 |
| subsection (e) shall
be extended for an additional period of 90 | 19 |
| days.
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| If, prior to making a final local siting decision, a county | 21 |
| board or
governing body of a municipality has negotiated and | 22 |
| entered into a host
agreement with the local siting applicant, | 23 |
| the terms and conditions of
the host agreement, whether written | 24 |
| or oral, shall be disclosed and made
a part of the hearing | 25 |
| record for that local siting proceeding.
In the case of an oral | 26 |
| agreement, the disclosure shall be made in the form
of a | 27 |
| written summary jointly prepared and submitted by the county | 28 |
| board or
governing body of the municipality and the siting | 29 |
| applicant and shall describe
the terms and conditions of the | 30 |
| oral agreement.
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| (e-5) Siting approval obtained pursuant to this Section is | 32 |
| transferable
and may be transferred to a subsequent owner or | 33 |
| operator. In the event that
siting approval has been | 34 |
| transferred to a subsequent owner or operator, that
subsequent | 35 |
| owner or operator assumes and takes subject to any and all
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| conditions imposed upon the prior owner or operator by the |
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| county board of
the county or governing body of the | 2 |
| municipality pursuant to subsection (e).
However, any such | 3 |
| conditions imposed pursuant to this Section may be modified
by | 4 |
| agreement between the subsequent owner or operator and the | 5 |
| appropriate
county board or governing body. Further, in the | 6 |
| event that siting approval
obtained pursuant to this Section | 7 |
| has been transferred to a subsequent owner or
operator, that | 8 |
| subsequent owner or operator assumes all rights and obligations
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| and takes the facility subject to any and all terms and | 10 |
| conditions of any
existing host agreement between the prior | 11 |
| owner or operator and the appropriate
county board or governing | 12 |
| body.
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| (f) A local siting approval granted under this Section | 14 |
| shall expire at
the end of 2 calendar years from the date upon | 15 |
| which it was granted, unless
the local siting approval granted | 16 |
| under this Section is for a sanitary landfill
operation, in | 17 |
| which case the approval shall expire at the end of 3 calendar
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| years from the date upon which it was granted, and unless | 19 |
| within that period
the applicant has made application to the | 20 |
| Agency for a
permit to develop the site. In the event that the | 21 |
| local siting decision has
been appealed, such expiration period | 22 |
| shall be deemed to begin on the date
upon which the appeal | 23 |
| process is concluded.
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| Except as otherwise provided in this subsection, upon the | 25 |
| expiration
of a development permit under subsection (k) of | 26 |
| Section 39, any associated
local siting approval granted for | 27 |
| the facility under this Section shall also
expire.
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| If a first development permit for a municipal waste | 29 |
| incineration
facility expires under subsection (k) of Section | 30 |
| 39 after September 30,
1989 due to circumstances beyond the | 31 |
| control of the applicant, any
associated local siting approval | 32 |
| granted for the facility under this
Section may be used to | 33 |
| fulfill the local siting approval requirement upon
application | 34 |
| for a second development permit for the same site, provided
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| that the proposal in the new application is materially the | 36 |
| same, with respect
to the criteria in subsection (a) of this |
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HB0918 Enrolled |
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LRB094 04219 RSP 34243 b |
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| Section, as the proposal that
received the original siting | 2 |
| approval, and application for the second
development permit is | 3 |
| made before January 1, 1990.
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| (g) The siting approval procedures, criteria and appeal | 5 |
| procedures
provided for in this Act for new pollution control | 6 |
| facilities
shall be the exclusive siting procedures and rules | 7 |
| and appeal procedures
for facilities subject to such | 8 |
| procedures. Local zoning or other local land
use requirements | 9 |
| shall not be applicable to such siting decisions.
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| (h) Nothing in this Section shall apply to any existing or | 11 |
| new
pollution control facility located within the corporate | 12 |
| limits of
a municipality with a population of over 1,000,000.
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| (i) (Blank.)
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| The Board shall adopt regulations establishing the | 15 |
| geologic and
hydrologic siting criteria necessary to protect | 16 |
| usable groundwater
resources which are to be followed by the | 17 |
| Agency in its review of permit
applications for new pollution | 18 |
| control facilities. Such
regulations, insofar as they apply to | 19 |
| new pollution control
facilities authorized to store, treat or | 20 |
| dispose of any hazardous waste,
shall be at least as stringent | 21 |
| as the requirements of the Resource
Conservation and Recovery | 22 |
| Act and any State or federal regulations adopted
pursuant | 23 |
| thereto.
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| (j) Any new pollution control facility which has never | 25 |
| obtained local
siting approval under the provisions of this | 26 |
| Section shall be required to
obtain such approval after a final | 27 |
| decision on an appeal of a permit denial.
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| (k) A county board or governing body of a municipality may | 29 |
| charge
applicants for siting review under this Section a | 30 |
| reasonable fee to cover
the reasonable and necessary costs | 31 |
| incurred by such county or municipality
in the siting review | 32 |
| process.
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| (l) The governing Authority as determined by subsection (c) | 34 |
| of Section
39 of this Act may request the Department of | 35 |
| Transportation to perform
traffic impact studies of proposed or | 36 |
| potential locations for required
pollution control facilities.
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LRB094 04219 RSP 34243 b |
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| (m) An applicant may not file a request for local siting | 2 |
| approval which is
substantially the same as a request which was | 3 |
| disapproved pursuant to a
finding against the applicant under | 4 |
| any of criteria (i) through (ix) of
subsection (a) of this | 5 |
| Section within the preceding 2 years.
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| (n) In any review proceeding of a decision of the county | 7 |
| board or
governing body of a municipality made pursuant to the | 8 |
| local
siting review process, the petitioner in the review | 9 |
| proceeding shall pay to
the county or municipality the cost of | 10 |
| preparing and certifying the record
of proceedings. Should the | 11 |
| petitioner in the review proceeding fail to make
payment, the | 12 |
| provisions of Section 3-109 of the Code of Civil
Procedure | 13 |
| shall apply.
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| In the event the petitioner is a citizens' group that | 15 |
| participated in the
siting proceeding and is so located as to | 16 |
| be affected by the proposed
facility, such petitioner shall be | 17 |
| exempt from paying the costs of
preparing and certifying the | 18 |
| record.
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| (o) Notwithstanding any other provision of this Section, a | 20 |
| transfer
station used exclusively for landscape waste, where | 21 |
| landscape waste is held
no longer than 24 hours from the time | 22 |
| it was received, is not subject to the
requirements of local | 23 |
| siting approval under this Section, but is subject only
to | 24 |
| local zoning approval.
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| (Source: P.A. 91-588, eff.
8-14-99; 92-574, eff. 6-26-02.)
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| Section 98. Applicability. The change made to Section 39.2 | 27 |
| of the Environmental Protection Act by this amendatory Act of | 28 |
| the 94th General Assembly applies only to siting applications | 29 |
| filed on or after the effective date of this amendatory Act. | 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law. |
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