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| [ House Amendment 001 ] |
90_HB0726
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
Amends the Environmental Protection Act to prohibit the
governing authority of a county or municipality from granting
local siting approval for a pollution control facility
located above a known aquifer.
LRB9003711DPccA
LRB9003711DPccA
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 39.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Section 39.2 as follows:
7 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
8 Sec. 39.2. Local siting approval.
9 (a) The county board of the county or the governing body
10 of the municipality, as determined by paragraph (c) of
11 Section 39 of this Act, shall approve or disapprove the
12 request for local siting approval for each pollution control
13 facility which is subject to such review. An applicant for
14 local siting approval shall submit sufficient details
15 describing the proposed facility to demonstrate compliance,
16 and local siting approval shall be granted only if the
17 proposed facility meets the following criteria:
18 (i) the facility is necessary to accommodate the
19 waste needs of the area it is intended to serve;
20 (ii) the facility is so designed, located and
21 proposed to be operated that the public health, safety
22 and welfare will be protected;
23 (iii) the facility is located so as to minimize
24 incompatibility with the character of the surrounding
25 area and to minimize the effect on the value of the
26 surrounding property;
27 (iv) the facility is located outside the boundary
28 of the 100 year flood plain or the site is flood-proofed;
29 (v) the plan of operations for the facility is
30 designed to minimize the danger to the surrounding area
31 from fire, spills, or other operational accidents;
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1 (vi) the traffic patterns to or from the facility
2 are so designed as to minimize the impact on existing
3 traffic flows;
4 (vii) if the facility will be treating, storing or
5 disposing of hazardous waste, an emergency response plan
6 exists for the facility which includes notification,
7 containment and evacuation procedures to be used in case
8 of an accidental release;
9 (viii) if the facility is to be located in a county
10 where the county board has adopted a solid waste
11 management plan consistent with the planning requirements
12 of the Local Solid Waste Disposal Act or the Solid Waste
13 Planning and Recycling Act, the facility is consistent
14 with that plan; and
15 (ix) if the facility will be located within a
16 regulated recharge area, any applicable requirements
17 specified by the Board for such areas have been met; and.
18 (x) the facility is not located above a known
19 aquifer. The county board of the county or governing body
20 of the municipality shall make this determination in
21 accordance with the groundwater criteria of Part 620 of
22 Title 35 of the Illinois Administrative Code. As used in
23 this item, "aquifer" is defined as under the Illinois
24 Groundwater Protection Act.
25 The county board or the governing body of the
26 municipality may also consider as evidence the previous
27 operating experience and past record of convictions or
28 admissions of violations of the applicant (and any subsidiary
29 or parent corporation) in the field of solid waste management
30 when considering criteria (ii) and (v) under this Section.
31 (b) No later than 14 days prior to a request for
32 location approval the applicant shall cause written notice of
33 such request to be served either in person or by registered
34 mail, return receipt requested, on the owners of all property
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1 within the subject area not solely owned by the applicant,
2 and on the owners of all property within 250 feet in each
3 direction of the lot line of the subject property, said
4 owners being such persons or entities which appear from the
5 authentic tax records of the County in which such facility is
6 to be located; provided, that the number of all feet occupied
7 by all public roads, streets, alleys and other public ways
8 shall be excluded in computing the 250 feet requirement;
9 provided further, that in no event shall this requirement
10 exceed 400 feet, including public streets, alleys and other
11 public ways.
12 Such written notice shall also be served upon members of
13 the General Assembly from the legislative district in which
14 the proposed facility is located and shall be published in a
15 newspaper of general circulation published in the county in
16 which the site is located.
17 Such notice shall state the name and address of the
18 applicant, the location of the proposed site, the nature and
19 size of the development, the nature of the activity proposed,
20 the probable life of the proposed activity, the date when the
21 request for site approval will be submitted, and a
22 description of the right of persons to comment on such
23 request as hereafter provided.
24 (c) An applicant shall file a copy of its request with
25 the county board of the county or the governing body of the
26 municipality in which the proposed site is located. The
27 request shall include (i) the substance of the applicant's
28 proposal and (ii) all documents, if any, submitted as of that
29 date to the Agency pertaining to the proposed facility,
30 except trade secrets as determined under Section 7.1 of this
31 Act. All such documents or other materials on file with the
32 county board or governing body of the municipality shall be
33 made available for public inspection at the office of the
34 county board or the governing body of the municipality and
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1 may be copied upon payment of the actual cost of
2 reproduction.
3 Any person may file written comment with the county board
4 or governing body of the municipality concerning the
5 appropriateness of the proposed site for its intended
6 purpose. The county board or governing body of the
7 municipality shall consider any comment received or
8 postmarked not later than 30 days after the date of the last
9 public hearing.
10 (d) At least one public hearing is to be held by the
11 county board or governing body of the municipality no sooner
12 than 90 days but no later than 120 days from receipt of the
13 request for site approval, such hearing to be preceded by
14 published notice in a newspaper of general circulation
15 published in the county of the proposed site, and notice by
16 certified mail to all members of the General Assembly from
17 the district in which the proposed site is located, to the
18 governing authority of every municipality contiguous to the
19 proposed site or contiguous to the municipality in which the
20 proposed site is to be located, and to the Agency. The public
21 hearing shall develop a record sufficient to form the basis
22 of appeal of the decision in accordance with Section 40.1 of
23 this Act. The fact that a member of the county board or
24 governing body of the municipality has publicly expressed an
25 opinion on an issue related to a site review proceeding shall
26 not preclude the member from taking part in the proceeding
27 and voting on the issue.
28 (e) Decisions of the county board or governing body of
29 the municipality are to be in writing, specifying the reasons
30 for the decision, such reasons to be in conformance with
31 subsection (a) of this Section. In granting approval for a
32 site the county board or governing body of the municipality
33 may impose such conditions as may be reasonable and necessary
34 to accomplish the purposes of this Section and as are not
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1 inconsistent with regulations promulgated by the Board. Such
2 decision shall be available for public inspection at the
3 office of the county board or governing body of the
4 municipality and may be copied upon payment of the actual
5 cost of reproduction. If there is no final action by the
6 county board or governing body of the municipality within 180
7 days after the filing of the request for site approval the
8 applicant may deem the request approved.
9 At any time prior to completion by the applicant of the
10 presentation of the applicant's factual evidence and an
11 opportunity for cross-questioning by the county board or
12 governing body of the municipality and any participants, the
13 applicant may file not more than one amended application upon
14 payment of additional fees pursuant to subsection (k); in
15 which case the time limitation for final action set forth in
16 this subsection (e) shall be extended for an additional
17 period of 90 days.
18 (f) A local siting approval granted under this Section
19 shall expire at the end of 2 calendar years from the date
20 upon which it was granted, unless the local siting approval
21 granted under this Section is for a sanitary landfill
22 operation, in which case the approval shall expire at the end
23 of 3 calendar years from the date upon which it was granted,
24 and unless within that period the applicant has made
25 application to the Agency for a permit to develop the site.
26 In the event that the local siting decision has been
27 appealed, such expiration period shall be deemed to begin on
28 the date upon which the appeal process is concluded.
29 Except as otherwise provided in this subsection, upon the
30 expiration of a development permit under subsection (k) of
31 Section 39, any associated local siting approval granted for
32 the facility under this Section shall also expire.
33 If a first development permit for a municipal waste
34 incineration facility expires under subsection (k) of Section
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1 39 after September 30, 1989 due to circumstances beyond the
2 control of the applicant, any associated local siting
3 approval granted for the facility under this Section may be
4 used to fulfill the local siting approval requirement upon
5 application for a second development permit for the same
6 site, provided that the proposal in the new application is
7 materially the same, with respect to the criteria in
8 subsection (a) of this Section, as the proposal that received
9 the original siting approval, and application for the second
10 development permit is made before January 1, 1990.
11 (g) The siting approval procedures, criteria and appeal
12 procedures provided for in this Act for new pollution control
13 facilities shall be the exclusive siting procedures and rules
14 and appeal procedures for facilities subject to such
15 procedures. Local zoning or other local land use requirements
16 shall not be applicable to such siting decisions.
17 (h) Nothing in this Section shall apply to any existing
18 or new pollution control facility located within the
19 corporate limits of a municipality with a population of over
20 1,000,000.
21 (i) The Department shall make a study of technical
22 considerations relating to the siting of new pollution
23 control facilities. Such study shall include, but need not be
24 limited to, a determination of the geologic and hydrologic
25 conditions in the State most suitable for the siting of such
26 facilities, the establishment of a data base on such
27 conditions in Illinois, and recommendations for the
28 establishment of technical guidelines and criteria to be used
29 in making such siting decisions. The Department shall report
30 such study and recommendations to the General Assembly, the
31 Governor, the Board and the public no later than October 1,
32 1984.
33 The Board shall adopt regulations establishing the
34 geologic and hydrologic siting criteria necessary to protect
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1 usable groundwater resources which are to be followed by the
2 Agency in its review of permit applications for new pollution
3 control facilities. Such regulations, insofar as they apply
4 to new pollution control facilities authorized to store,
5 treat or dispose of any hazardous waste, shall be at least as
6 stringent as the requirements of the Resource Conservation
7 and Recovery Act and any State or federal regulations adopted
8 pursuant thereto.
9 (j) Any new pollution control facility which has never
10 obtained local siting approval under the provisions of this
11 Section shall be required to obtain such approval after a
12 final decision on an appeal of a permit denial.
13 (k) A county board or governing body of a municipality
14 may charge applicants for siting review under this Section a
15 reasonable fee to cover the reasonable and necessary costs
16 incurred by such county or municipality in the siting review
17 process.
18 (l) The governing Authority as determined by subsection
19 (c) of Section 39 of this Act may request the Department of
20 Transportation to perform traffic impact studies of proposed
21 or potential locations for required pollution control
22 facilities.
23 (m) An applicant may not file a request for local siting
24 approval which is substantially the same as a request which
25 was disapproved pursuant to a finding against the applicant
26 under any of criteria (i) through (ix) of subsection (a) of
27 this Section within the preceding 2 years.
28 (n) In any review proceeding of a decision of the county
29 board or governing body of a municipality made pursuant to
30 the local siting review process, the petitioner in the review
31 proceeding shall pay to the county or municipality the cost
32 of preparing and certifying the record of proceedings.
33 Should the petitioner in the review proceeding fail to make
34 payment, the provisions of Section 3-109 of the Code of Civil
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1 Procedure shall apply.
2 In the event the petitioner is a citizens' group that
3 participated in the siting proceeding and is so located as to
4 be affected by the proposed facility, such petitioner shall
5 be exempt from paying the costs of preparing and certifying
6 the record.
7 (o) Notwithstanding any other provision of this Section,
8 a transfer station used exclusively for landscape waste,
9 where landscape waste is held no longer than 24 hours from
10 the time it was received, is not subject to the requirements
11 of local siting approval under this Section, but is subject
12 only to local zoning approval.
13 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
14 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
15 8-9-96.)