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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_SB0054eng
415 ILCS 5/22.26 from Ch. 111 1/2, par. 1022.26
Amends the Environmental Protection Act to make a
technical change. Effective immediately.
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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. (a) The county board of the county or the
9 governing body of the municipality, as determined by
10 paragraph (c) of Section 39 of this Act, shall approve or
11 disapprove the request for local siting approval for each
12 pollution control facility which is subject to such review.
13 An applicant for local siting approval shall submit
14 sufficient details describing the proposed facility to
15 demonstrate compliance, and local siting approval shall be
16 granted only if the proposed facility meets the following
17 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) for a facility other than a sanitary landfill
28 or waste disposal site, the facility is located outside
29 the boundary of the 100 year flood plain or the site is
30 flood-proofed; for a facility that is a sanitary landfill
31 or waste disposal site, the facility is located outside
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1 the boundary of the 100 year flood plain;
2 (v) the plan of operations for the facility is
3 designed to minimize the danger to the surrounding area
4 from fire, spills, or other operational accidents;
5 (vi) the traffic patterns to or from the facility
6 are so designed as to minimize the impact on existing
7 traffic flows;
8 (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
12 of an accidental release;
13 (viii) if the facility is to be located in a county
14 where the county board has adopted a solid waste
15 management plan consistent with the planning requirements
16 of the Local Solid Waste Disposal Act or the Solid Waste
17 Planning and Recycling Act, the facility is consistent
18 with that plan; and
19 (ix) if the facility will be located within a
20 regulated recharge area, any applicable requirements
21 specified by the Board for such areas have been met.
22 The county board or the governing body of the
23 municipality may also consider as evidence the previous
24 operating experience and past record of convictions or
25 admissions of violations of the applicant (and any subsidiary
26 or parent corporation) in the field of solid waste management
27 when considering criteria (ii) and (v) under this Section.
28 (b) No later than 14 days prior to a request for
29 location approval the applicant shall cause written notice of
30 such request to be served either in person or by registered
31 mail, return receipt requested, on the owners of all property
32 within the subject area not solely owned by the applicant,
33 and on the owners of all property within 250 feet in each
34 direction of the lot line of the subject property, said
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1 owners being such persons or entities which appear from the
2 authentic tax records of the County in which such facility is
3 to be located; provided, that the number of all feet occupied
4 by all public roads, streets, alleys and other public ways
5 shall be excluded in computing the 250 feet requirement;
6 provided further, that in no event shall this requirement
7 exceed 400 feet, including public streets, alleys and other
8 public ways.
9 Such written notice shall also be served upon members of
10 the General Assembly from the legislative district in which
11 the proposed facility is located and shall be published in a
12 newspaper of general circulation published in the county in
13 which the site is located.
14 Such notice shall state the name and address of the
15 applicant, the location of the proposed site, the nature and
16 size of the development, the nature of the activity proposed,
17 the probable life of the proposed activity, the date when the
18 request for site approval will be submitted, and a
19 description of the right of persons to comment on such
20 request as hereafter provided.
21 (c) An applicant shall file a copy of its request with
22 the county board of the county or the governing body of the
23 municipality in which the proposed site is located. The
24 request shall include (i) the substance of the applicant's
25 proposal and (ii) all documents, if any, submitted as of that
26 date to the Agency pertaining to the proposed facility,
27 except trade secrets as determined under Section 7.1 of this
28 Act. All such documents or other materials on file with the
29 county board or governing body of the municipality shall be
30 made available for public inspection at the office of the
31 county board or the governing body of the municipality and
32 may be copied upon payment of the actual cost of
33 reproduction.
34 Any person may file written comment with the county board
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1 or governing body of the municipality concerning the
2 appropriateness of the proposed site for its intended
3 purpose. The county board or governing body of the
4 municipality shall consider any comment received or
5 postmarked not later than 30 days after the date of the last
6 public hearing.
7 (d) At least one public hearing is to be held by the
8 county board or governing body of the municipality no sooner
9 than 90 days but no later than 120 days from receipt of the
10 request for site approval, such hearing to be preceded by
11 published notice in a newspaper of general circulation
12 published in the county of the proposed site, and notice by
13 certified mail to all members of the General Assembly from
14 the district in which the proposed site is located, to the
15 governing authority of every municipality contiguous to the
16 proposed site or contiguous to the municipality in which the
17 proposed site is to be located, and to the Agency. The public
18 hearing shall develop a record sufficient to form the basis
19 of appeal of the decision in accordance with Section 40.1 of
20 this Act. The fact that a member of the county board or
21 governing body of the municipality has publicly expressed an
22 opinion on an issue related to a site review proceeding shall
23 not preclude the member from taking part in the proceeding
24 and voting on the issue.
25 (e) Decisions of the county board or governing body of
26 the municipality are to be in writing, specifying the reasons
27 for the decision, such reasons to be in conformance with
28 subsection (a) of this Section. In granting approval for a
29 site the county board or governing body of the municipality
30 may impose such conditions as may be reasonable and necessary
31 to accomplish the purposes of this Section and as are not
32 inconsistent with regulations promulgated by the Board. Such
33 decision shall be available for public inspection at the
34 office of the county board or governing body of the
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1 municipality and may be copied upon payment of the actual
2 cost of reproduction. If there is no final action by the
3 county board or governing body of the municipality within 180
4 days after the filing of the request for site approval the
5 applicant may deem the request approved.
6 At any time prior to completion by the applicant of the
7 presentation of the applicant's factual evidence and an
8 opportunity for cross-questioning by the county board or
9 governing body of the municipality and any participants, the
10 applicant may file not more than one amended application upon
11 payment of additional fees pursuant to subsection (k); in
12 which case the time limitation for final action set forth in
13 this subsection (e) shall be extended for an additional
14 period of 90 days.
15 (f) A local siting approval granted under this Section
16 shall expire at the end of 2 calendar years from the date
17 upon which it was granted, unless the local siting approval
18 granted under this Section is for a sanitary landfill
19 operation, in which case the approval shall expire at the end
20 of 3 calendar years from the date upon which it was granted,
21 and unless within that period the applicant has made
22 application to the Agency for a permit to develop the site.
23 In the event that the local siting decision has been
24 appealed, such expiration period shall be deemed to begin on
25 the date upon which the appeal process is concluded.
26 Except as otherwise provided in this subsection, upon the
27 expiration of a development permit under subsection (k) of
28 Section 39, any associated local siting approval granted for
29 the facility under this Section shall also expire.
30 If a first development permit for a municipal waste
31 incineration facility expires under subsection (k) of Section
32 39 after September 30, 1989 due to circumstances beyond the
33 control of the applicant, any associated local siting
34 approval granted for the facility under this Section may be
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1 used to fulfill the local siting approval requirement upon
2 application for a second development permit for the same
3 site, provided that the proposal in the new application is
4 materially the same, with respect to the criteria in
5 subsection (a) of this Section, as the proposal that received
6 the original siting approval, and application for the second
7 development permit is made before January 1, 1990.
8 (g) The siting approval procedures, criteria and appeal
9 procedures provided for in this Act for new pollution control
10 facilities shall be the exclusive siting procedures and rules
11 and appeal procedures for facilities subject to such
12 procedures. Local zoning or other local land use requirements
13 shall not be applicable to such siting decisions.
14 (h) Nothing in this Section shall apply to any existing
15 or new pollution control facility located within the
16 corporate limits of a municipality with a population of over
17 1,000,000.
18 (i) The Department shall make a study of technical
19 considerations relating to the siting of new pollution
20 control facilities. Such study shall include, but need not be
21 limited to, a determination of the geologic and hydrologic
22 conditions in the State most suitable for the siting of such
23 facilities, the establishment of a data base on such
24 conditions in Illinois, and recommendations for the
25 establishment of technical guidelines and criteria to be used
26 in making such siting decisions. The Department shall report
27 such study and recommendations to the General Assembly, the
28 Governor, the Board and the public no later than October 1,
29 1984.
30 The Board shall adopt regulations establishing the
31 geologic and hydrologic siting criteria necessary to protect
32 usable groundwater resources which are to be followed by the
33 Agency in its review of permit applications for new pollution
34 control facilities. Such regulations, insofar as they apply
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1 to new pollution control facilities authorized to store,
2 treat or dispose of any hazardous waste, shall be at least as
3 stringent as the requirements of the Resource Conservation
4 and Recovery Act and any State or federal regulations adopted
5 pursuant thereto.
6 (j) Any new pollution control facility which has never
7 obtained local siting approval under the provisions of this
8 Section shall be required to obtain such approval after a
9 final decision on an appeal of a permit denial.
10 (k) A county board or governing body of a municipality
11 may charge applicants for siting review under this Section a
12 reasonable fee to cover the reasonable and necessary costs
13 incurred by such county or municipality in the siting review
14 process.
15 (l) The governing Authority as determined by subsection
16 (c) of Section 39 of this Act may request the Department of
17 Transportation to perform traffic impact studies of proposed
18 or potential locations for required pollution control
19 facilities.
20 (m) An applicant may not file a request for local siting
21 approval which is substantially the same as a request which
22 was disapproved pursuant to a finding against the applicant
23 under any of criteria (i) through (ix) of subsection (a) of
24 this Section within the preceding 2 years.
25 (n) In any review proceeding of a decision of the county
26 board or governing body of a municipality made pursuant to
27 the local siting review process, the petitioner in the review
28 proceeding shall pay to the county or municipality the cost
29 of preparing and certifying the record of proceedings.
30 Should the petitioner in the review proceeding fail to make
31 payment, the provisions of Section 3-109 of the Code of Civil
32 Procedure shall apply.
33 In the event the petitioner is a citizens' group that
34 participated in the siting proceeding and is so located as to
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1 be affected by the proposed facility, such petitioner shall
2 be exempt from paying the costs of preparing and certifying
3 the record.
4 (o) Notwithstanding any other provision of this Section,
5 a transfer station used exclusively for landscape waste,
6 where landscape waste is held no longer than 24 hours from
7 the time it was received, is not subject to the requirements
8 of local siting approval under this Section, but is subject
9 only to local zoning approval.
10 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
11 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
12 8-9-96.)