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90_HB2673
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
Amends the Environmental Protection Act. Expands the
prohibition on local siting approval for new or expanded
sanitary landfills and waste disposal sites located near
specified drinking water sources or above soil having certain
permeable characteristics. Effective immediately.
LRB9008881NTmg
LRB9008881NTmg
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
6 by 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 review 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) (A) for a facility other than a sanitary
28 landfill or waste disposal site, the facility is located
29 outside the boundary of the 100 year flood plain or the
30 site is flood-proofed; (B) for a facility that is a
31 sanitary landfill or waste disposal site, the facility is
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1 located outside the boundary of the 100-year floodplain,
2 or if the facility is a facility described in subsection
3 (b) of Section 22.19a, the site is flood-proofed;
4 (v) the plan of operations for the facility is
5 designed to minimize the danger to the surrounding area
6 from fire, spills, or other operational accidents;
7 (vi) the traffic patterns to or from the facility
8 are so designed as to minimize the impact on existing
9 traffic flows;
10 (vii) if the facility will be treating, storing or
11 disposing of hazardous waste, an emergency response plan
12 exists for the facility which includes notification,
13 containment and evacuation procedures to be used in case
14 of an accidental release;
15 (viii) if the facility is to be located in a county
16 where the county board has adopted a solid waste
17 management plan consistent with the planning requirements
18 of the Local Solid Waste Disposal Act or the Solid Waste
19 Planning and Recycling Act, the facility is consistent
20 with that plan; and
21 (ix) if the facility will be located within a
22 regulated recharge area, any applicable requirements
23 specified by the Board for such areas have been met; and.
24 (x) the proposed site for a new or expanded
25 sanitary landfill or waste disposal site (1) is not
26 located above an aquifer or groundwater source that may
27 be used to supply drinking water for human consumption,
28 (2) is not located within one-half mile of 3 or more
29 community water supply wells, and (3) does not overlie
30 permeable bedrock or thick permeable sand and gravel
31 within 20 feet of the land surface. The applicant shall
32 provide to the county board or governing body of the
33 municipality soil boring results and other appropriate
34 test results to establish whether the soil below the
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1 proposed site has those characteristics.
2 The county board or the governing body of the
3 municipality may also consider as evidence the previous
4 operating experience and past record of convictions or
5 admissions of violations of the applicant (and any subsidiary
6 or parent corporation) in the field of solid waste management
7 when considering criteria (ii) and (v) under this Section.
8 (b) No later than 14 days prior to a request for
9 location approval the applicant shall cause written notice of
10 such request to be served either in person or by registered
11 mail, return receipt requested, on the owners of all property
12 within the subject area not solely owned by the applicant,
13 and on the owners of all property within 250 feet in each
14 direction of the lot line of the subject property, said
15 owners being such persons or entities which appear from the
16 authentic tax records of the County in which such facility is
17 to be located; provided, that the number of all feet occupied
18 by all public roads, streets, alleys and other public ways
19 shall be excluded in computing the 250 feet requirement;
20 provided further, that in no event shall this requirement
21 exceed 400 feet, including public streets, alleys and other
22 public ways.
23 Such written notice shall also be served upon members of
24 the General Assembly from the legislative district in which
25 the proposed facility is located and shall be published in a
26 newspaper of general circulation published in the county in
27 which the site is located.
28 Such notice shall state the name and address of the
29 applicant, the location of the proposed site, the nature and
30 size of the development, the nature of the activity proposed,
31 the probable life of the proposed activity, the date when the
32 request for site approval will be submitted, and a
33 description of the right of persons to comment on such
34 request as hereafter provided.
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1 (c) An applicant shall file a copy of its request with
2 the county board of the county or the governing body of the
3 municipality in which the proposed site is located. The
4 request shall include (i) the substance of the applicant's
5 proposal and (ii) all documents, if any, submitted as of that
6 date to the Agency pertaining to the proposed facility,
7 except trade secrets as determined under Section 7.1 of this
8 Act. All such documents or other materials on file with the
9 county board or governing body of the municipality shall be
10 made available for public inspection at the office of the
11 county board or the governing body of the municipality and
12 may be copied upon payment of the actual cost of
13 reproduction.
14 Any person may file written comment with the county board
15 or governing body of the municipality concerning the
16 appropriateness of the proposed site for its intended
17 purpose. The county board or governing body of the
18 municipality shall consider any comment received or
19 postmarked not later than 30 days after the date of the last
20 public hearing.
21 (d) At least one public hearing is to be held by the
22 county board or governing body of the municipality no sooner
23 than 90 days but no later than 120 days from receipt of the
24 request for site approval. No later than 14 days prior to
25 such hearing notice shall be published in a newspaper of
26 general circulation published in the county of the proposed
27 site, and delivered by certified mail to all members of the
28 General Assembly from the district in which the proposed site
29 is located, to the governing authority of every municipality
30 contiguous to the proposed site or contiguous to the
31 municipality in which the proposed site is to be located, to
32 the county board of the county where the proposed site is to
33 be located, if the proposed site is located within the
34 boundaries of a municipality, and to the Agency. Members or
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1 representatives of the governing authority of a municipality
2 contiguous to the proposed site or contiguous to the
3 municipality in which the proposed site is to be located
4 and, if the proposed site is located in a municipality,
5 members or representatives of the county board of a county in
6 which the proposed site is to be located may appear at and
7 participate in public hearings held pursuant to this Section.
8 The public hearing shall develop a record sufficient to form
9 the basis of appeal of the decision in accordance with
10 Section 40.1 of this Act. The fact that a member of the
11 county board or governing body of the municipality has
12 publicly expressed an opinion on an issue related to a site
13 review proceeding shall not preclude the member from taking
14 part in the proceeding and voting on the issue.
15 (e) Decisions of the county board or governing body of
16 the municipality are to be in writing, specifying the reasons
17 for the decision, such reasons to be in conformance with
18 subsection (a) of this Section. In granting approval for a
19 site the county board or governing body of the municipality
20 may impose such conditions as may be reasonable and necessary
21 to accomplish the purposes of this Section and as are not
22 inconsistent with regulations promulgated by the Board. Such
23 decision shall be available for public inspection at the
24 office of the county board or governing body of the
25 municipality and may be copied upon payment of the actual
26 cost of reproduction. If there is no final action by the
27 county board or governing body of the municipality within 180
28 days after the filing of the request for site approval the
29 applicant may deem the request approved.
30 At any time prior to completion by the applicant of the
31 presentation of the applicant's factual evidence and an
32 opportunity for cross-questioning by the county board or
33 governing body of the municipality and any participants, the
34 applicant may file not more than one amended application upon
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1 payment of additional fees pursuant to subsection (k); in
2 which case the time limitation for final action set forth in
3 this subsection (e) shall be extended for an additional
4 period of 90 days.
5 If, prior to making a final local siting decision, a
6 county board or governing body of a municipality has
7 negotiated and entered into a host agreement with the local
8 siting applicant, the terms and conditions of the host
9 agreement, whether written or oral, shall be disclosed and
10 made a part of the hearing record for that local siting
11 proceeding. In the case of an oral agreement, the disclosure
12 shall be made in the form of a written summary jointly
13 prepared and submitted by the county board or governing body
14 of the municipality and the siting applicant and shall
15 describe the terms and conditions of the oral agreement.
16 (e-5) Siting approval obtained pursuant to this Section
17 is transferable and may be transferred to a subsequent owner
18 or operator. In the event that siting approval has been
19 transferred to a subsequent owner or operator, that
20 subsequent owner or operator assumes and takes subject to any
21 and all conditions imposed upon the prior owner or operator
22 by the county board of the county or governing body of the
23 municipality pursuant to subsection (e). However, any such
24 conditions imposed pursuant to this Section may be modified
25 by agreement between the subsequent owner or operator and the
26 appropriate county board or governing body. Further, in the
27 event that siting approval obtained pursuant to this Section
28 has been transferred to a subsequent owner or operator, that
29 subsequent owner or operator assumes all rights and
30 obligations and takes the facility subject to any and all
31 terms and conditions of any existing host agreement between
32 the prior owner or operator and the appropriate county board
33 or governing body.
34 (f) A local siting approval granted under this Section
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1 shall expire at the end of 2 calendar years from the date
2 upon which it was granted, unless the local siting approval
3 granted under this Section is for a sanitary landfill
4 operation, in which case the approval shall expire at the end
5 of 3 calendar years from the date upon which it was granted,
6 and unless within that period the applicant has made
7 application to the Agency for a permit to develop the site.
8 In the event that the local siting decision has been
9 appealed, such expiration period shall be deemed to begin on
10 the date upon which the appeal process is concluded.
11 Except as otherwise provided in this subsection, upon the
12 expiration of a development permit under subsection (k) of
13 Section 39, any associated local siting approval granted for
14 the facility under this Section shall also expire.
15 If a first development permit for a municipal waste
16 incineration facility expires under subsection (k) of Section
17 39 after September 30, 1989 due to circumstances beyond the
18 control of the applicant, any associated local siting
19 approval granted for the facility under this Section may be
20 used to fulfill the local siting approval requirement upon
21 application for a second development permit for the same
22 site, provided that the proposal in the new application is
23 materially the same, with respect to the criteria in
24 subsection (a) of this Section, as the proposal that received
25 the original siting approval, and application for the second
26 development permit is made before January 1, 1990.
27 (g) The siting approval procedures, criteria and appeal
28 procedures provided for in this Act for new pollution control
29 facilities shall be the exclusive siting procedures and rules
30 and appeal procedures for facilities subject to such
31 procedures. Local zoning or other local land use requirements
32 shall not be applicable to such siting decisions.
33 (h) Nothing in this Section shall apply to any existing
34 or new pollution control facility located within the
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1 corporate limits of a municipality with a population of over
2 1,000,000.
3 (i) The Department shall make a study of technical
4 considerations relating to the siting of new pollution
5 control facilities. Such study shall include, but need not be
6 limited to, a determination of the geologic and hydrologic
7 conditions in the State most suitable for the siting of such
8 facilities, the establishment of a data base on such
9 conditions in Illinois, and recommendations for the
10 establishment of technical guidelines and criteria to be used
11 in making such siting decisions. The Department shall report
12 such study and recommendations to the General Assembly, the
13 Governor, the Board and the public no later than October 1,
14 1984.
15 The Board shall adopt regulations establishing the
16 geologic and hydrologic siting criteria necessary to protect
17 usable groundwater resources which are to be followed by the
18 Agency in its review of permit applications for new pollution
19 control facilities. Such regulations, insofar as they apply
20 to new pollution control facilities authorized to store,
21 treat or dispose of any hazardous waste, shall be at least as
22 stringent as the requirements of the Resource Conservation
23 and Recovery Act and any State or federal regulations adopted
24 pursuant thereto.
25 (j) Any new pollution control facility which has never
26 obtained local siting approval under the provisions of this
27 Section shall be required to obtain such approval after a
28 final decision on an appeal of a permit denial.
29 (k) A county board or governing body of a municipality
30 may charge applicants for siting review under this Section a
31 reasonable fee to cover the reasonable and necessary costs
32 incurred by such county or municipality in the siting review
33 process.
34 (l) The governing Authority as determined by subsection
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1 (c) of Section 39 of this Act may request the Department of
2 Transportation to perform traffic impact studies of proposed
3 or potential locations for required pollution control
4 facilities.
5 (m) An applicant may not file a request for local siting
6 approval which is substantially the same as a request which
7 was disapproved pursuant to a finding against the applicant
8 under any of criteria (i) through (ix) of subsection (a) of
9 this Section within the preceding 2 years.
10 (n) In any review proceeding of a decision of the county
11 board or governing body of a municipality made pursuant to
12 the local siting review process, the petitioner in the review
13 proceeding shall pay to the county or municipality the cost
14 of preparing and certifying the record of proceedings.
15 Should the petitioner in the review proceeding fail to make
16 payment, the provisions of Section 3-109 of the Code of Civil
17 Procedure shall apply.
18 In the event the petitioner is a citizens' group that
19 participated in the siting proceeding and is so located as to
20 be affected by the proposed facility, such petitioner shall
21 be exempt from paying the costs of preparing and certifying
22 the record.
23 (o) Notwithstanding any other provision of this Section,
24 a transfer station used exclusively for landscape waste,
25 where landscape waste is held no longer than 24 hours from
26 the time it was received, is not subject to the requirements
27 of local siting approval under this Section, but is subject
28 only to local zoning approval.
29 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
30 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
31 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; revised
32 12-1-97.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.