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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 002 ] |
90_SB0140
415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
Amends the Environmental Protection Act to provide that a
governing authority of a municipality contiguous to a
proposed site for a pollution control facility or contiguous
to a municipality in which a proposed site is located shall
be notified of an application for location approval for the
facility and may participate in a public hearing concerning
the application. 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
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.
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.
18 The county board or the governing body of the
19 municipality may also consider as evidence the previous
20 operating experience and past record of convictions or
21 admissions of violations of the applicant (and any subsidiary
22 or parent corporation) in the field of solid waste management
23 when considering criteria (ii) and (v) under this Section.
24 (b) No later than 14 days prior to a request for
25 location approval the applicant shall cause written notice of
26 such request to be served either in person or by registered
27 mail, return receipt requested, on the owners of all property
28 within the subject area not solely owned by the applicant,
29 and on the owners of all property within 250 feet in each
30 direction of the lot line of the subject property, said
31 owners being such persons or entities which appear from the
32 authentic tax records of the County in which such facility is
33 to be located; provided, that the number of all feet occupied
34 by all public roads, streets, alleys and other public ways
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1 shall be excluded in computing the 250 feet requirement;
2 provided further, that in no event shall this requirement
3 exceed 400 feet, including public streets, alleys and other
4 public ways.
5 Such written notice shall also be served upon members of
6 the General Assembly from the legislative district in which
7 the proposed facility is located and upon the governing
8 authority of every municipality contiguous to the proposed
9 site or contiguous to the municipality in which the proposed
10 site is to be located, and shall be published in a newspaper
11 of general circulation published in the county in which the
12 site is located.
13 Such notice shall state the name and address of the
14 applicant, the location of the proposed site, the nature and
15 size of the development, the nature of the activity proposed,
16 the probable life of the proposed activity, the date when the
17 request for site approval will be submitted, and a
18 description of the right of persons to comment on such
19 request as hereafter provided.
20 (c) An applicant shall file a copy of its request with
21 the county board of the county or the governing body of the
22 municipality in which the proposed site is located. The
23 request shall include (i) the substance of the applicant's
24 proposal and (ii) all documents, if any, submitted as of that
25 date to the Agency pertaining to the proposed facility,
26 except trade secrets as determined under Section 7.1 of this
27 Act. All such documents or other materials on file with the
28 county board or governing body of the municipality shall be
29 made available for public inspection at the office of the
30 county board or the governing body of the municipality and
31 may be copied upon payment of the actual cost of
32 reproduction.
33 Any person may file written comment with the county board
34 or governing body of the municipality concerning the
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1 appropriateness of the proposed site for its intended
2 purpose. The county board or governing body of the
3 municipality shall consider any comment received or
4 postmarked not later than 30 days after the date of the last
5 public hearing.
6 (d) At least one public hearing is to be held by the
7 county board or governing body of the municipality no sooner
8 than 90 days but no later than 120 days from receipt of the
9 request for site approval, such hearing to be preceded by
10 published notice in a newspaper of general circulation
11 published in the county of the proposed site, and notice by
12 certified mail to all members of the General Assembly from
13 the district in which the proposed site is located, to the
14 governing authority of every municipality contiguous to the
15 proposed site or contiguous to the municipality in which the
16 proposed site is to be located, and to the Agency. Members or
17 representatives of the governing authority of a municipality
18 contiguous to the proposed site or contiguous to the
19 municipality in which the proposed site is to be located may
20 appear at and participate in public hearings held pursuant to
21 this Section. The public hearing shall develop a record
22 sufficient to form the basis of appeal of the decision in
23 accordance with Section 40.1 of this Act. The fact that a
24 member of the county board or governing body of the
25 municipality has publicly expressed an opinion on an issue
26 related to a site review proceeding shall not preclude the
27 member from taking part in the proceeding and voting on the
28 issue.
29 (e) Decisions of the county board or governing body of
30 the municipality are to be in writing, specifying the reasons
31 for the decision, such reasons to be in conformance with
32 subsection (a) of this Section. In granting approval for a
33 site the county board or governing body of the municipality
34 may impose such conditions as may be reasonable and necessary
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1 to accomplish the purposes of this Section and as are not
2 inconsistent with regulations promulgated by the Board. Such
3 decision shall be available for public inspection at the
4 office of the county board or governing body of the
5 municipality and may be copied upon payment of the actual
6 cost of reproduction. If there is no final action by the
7 county board or governing body of the municipality within 180
8 days after the filing of the request for site approval the
9 applicant may deem the request approved.
10 At any time prior to completion by the applicant of the
11 presentation of the applicant's factual evidence and an
12 opportunity for cross-questioning by the county board or
13 governing body of the municipality and any participants, the
14 applicant may file not more than one amended application upon
15 payment of additional fees pursuant to subsection (k); in
16 which case the time limitation for final action set forth in
17 this subsection (e) shall be extended for an additional
18 period of 90 days.
19 (f) A local siting approval granted under this Section
20 shall expire at the end of 2 calendar years from the date
21 upon which it was granted, unless the local siting approval
22 granted under this Section is for a sanitary landfill
23 operation, in which case the approval shall expire at the end
24 of 3 calendar years from the date upon which it was granted,
25 and unless within that period the applicant has made
26 application to the Agency for a permit to develop the site.
27 In the event that the local siting decision has been
28 appealed, such expiration period shall be deemed to begin on
29 the date upon which the appeal process is concluded.
30 Except as otherwise provided in this subsection, upon the
31 expiration of a development permit under subsection (k) of
32 Section 39, any associated local siting approval granted for
33 the facility under this Section shall also expire.
34 If a first development permit for a municipal waste
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1 incineration facility expires under subsection (k) of Section
2 39 after September 30, 1989 due to circumstances beyond the
3 control of the applicant, any associated local siting
4 approval granted for the facility under this Section may be
5 used to fulfill the local siting approval requirement upon
6 application for a second development permit for the same
7 site, provided that the proposal in the new application is
8 materially the same, with respect to the criteria in
9 subsection (a) of this Section, as the proposal that received
10 the original siting approval, and application for the second
11 development permit is made before January 1, 1990.
12 (g) The siting approval procedures, criteria and appeal
13 procedures provided for in this Act for new pollution control
14 facilities shall be the exclusive siting procedures and rules
15 and appeal procedures for facilities subject to such
16 procedures. Local zoning or other local land use requirements
17 shall not be applicable to such siting decisions.
18 (h) Nothing in this Section shall apply to any existing
19 or new pollution control facility located within the
20 corporate limits of a municipality with a population of over
21 1,000,000.
22 (i) The Department shall make a study of technical
23 considerations relating to the siting of new pollution
24 control facilities. Such study shall include, but need not be
25 limited to, a determination of the geologic and hydrologic
26 conditions in the State most suitable for the siting of such
27 facilities, the establishment of a data base on such
28 conditions in Illinois, and recommendations for the
29 establishment of technical guidelines and criteria to be used
30 in making such siting decisions. The Department shall report
31 such study and recommendations to the General Assembly, the
32 Governor, the Board and the public no later than October 1,
33 1984.
34 The Board shall adopt regulations establishing the
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1 geologic and hydrologic siting criteria necessary to protect
2 usable groundwater resources which are to be followed by the
3 Agency in its review of permit applications for new pollution
4 control facilities. Such regulations, insofar as they apply
5 to new pollution control facilities authorized to store,
6 treat or dispose of any hazardous waste, shall be at least as
7 stringent as the requirements of the Resource Conservation
8 and Recovery Act and any State or federal regulations adopted
9 pursuant thereto.
10 (j) Any new pollution control facility which has never
11 obtained local siting approval under the provisions of this
12 Section shall be required to obtain such approval after a
13 final decision on an appeal of a permit denial.
14 (k) A county board or governing body of a municipality
15 may charge applicants for siting review under this Section a
16 reasonable fee to cover the reasonable and necessary costs
17 incurred by such county or municipality in the siting review
18 process.
19 (l) The governing Authority as determined by subsection
20 (c) of Section 39 of this Act may request the Department of
21 Transportation to perform traffic impact studies of proposed
22 or potential locations for required pollution control
23 facilities.
24 (m) An applicant may not file a request for local siting
25 approval which is substantially the same as a request which
26 was disapproved pursuant to a finding against the applicant
27 under any of criteria (i) through (ix) of subsection (a) of
28 this Section within the preceding 2 years.
29 (n) In any review proceeding of a decision of the county
30 board or governing body of a municipality made pursuant to
31 the local siting review process, the petitioner in the review
32 proceeding shall pay to the county or municipality the cost
33 of preparing and certifying the record of proceedings.
34 Should the petitioner in the review proceeding fail to make
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1 payment, the provisions of Section 3-109 of the Code of Civil
2 Procedure shall apply.
3 In the event the petitioner is a citizens' group that
4 participated in the siting proceeding and is so located as to
5 be affected by the proposed facility, such petitioner shall
6 be exempt from paying the costs of preparing and certifying
7 the record.
8 (o) Notwithstanding any other provision of this Section,
9 a transfer station used exclusively for landscape waste,
10 where landscape waste is held no longer than 24 hours from
11 the time it was received, is not subject to the requirements
12 of local siting approval under this Section, but is subject
13 only to local zoning approval.
14 (Source: P.A. 88-557, eff. 7-27-94; 88-681, eff. 12-22-94;
15 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 89-626, eff.
16 8-9-96.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.