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90_SB0299
415 ILCS 5/39 from Ch. 111 1/2, par. 1039
Amends the Environmental Protection Act. Provides that a
subsequent owner of a new pollution control facility is not
required to submit proof that the location of the facility
has been approved pursuant to the local siting review process
if the location has already been approved by a local siting
body, the Pollution Control Board, or a court of competent
jurisdiction prior to the transfer of ownership to the
subsequent owner.
LRB9000204DPcc
LRB9000204DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 39.
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 as follows:
7 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
8 Sec. 39. Issuance of permits; procedures.
9 (a) When the Board has by regulation required a permit
10 for the construction, installation, or operation of any type
11 of facility, equipment, vehicle, vessel, or aircraft, the
12 applicant shall apply to the Agency for such permit and it
13 shall be the duty of the Agency to issue such a permit upon
14 proof by the applicant that the facility, equipment, vehicle,
15 vessel, or aircraft will not cause a violation of this Act or
16 of regulations hereunder. The Agency shall adopt such
17 procedures as are necessary to carry out its duties under
18 this Section. In granting permits the Agency may impose such
19 conditions as may be necessary to accomplish the purposes of
20 this Act, and as are not inconsistent with the regulations
21 promulgated by the Board hereunder. Except as otherwise
22 provided in this Act, a bond or other security shall not be
23 required as a condition for the issuance of a permit. If the
24 Agency denies any permit under this Section, the Agency shall
25 transmit to the applicant within the time limitations of this
26 Section specific, detailed statements as to the reasons the
27 permit application was denied. Such statements shall
28 include, but not be limited to the following:
29 (i) the Sections of this Act which may be violated
30 if the permit were granted;
31 (ii) the provision of the regulations, promulgated
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1 under this Act, which may be violated if the permit were
2 granted;
3 (iii) the specific type of information, if any,
4 which the Agency deems the applicant did not provide the
5 Agency; and
6 (iv) a statement of specific reasons why the Act
7 and the regulations might not be met if the permit were
8 granted.
9 If there is no final action by the Agency within 90 days
10 after the filing of the application for permit, the applicant
11 may deem the permit issued; except that this time period
12 shall be extended to 180 days when (1) notice and
13 opportunity for public hearing are required by State or
14 federal law or regulation, (2) the application which was
15 filed is for any permit to develop a landfill subject to
16 issuance pursuant to this subsection, or (3) the application
17 that was filed is for a MSWLF unit required to issue public
18 notice under subsection (p) of Section 39.
19 The Agency shall publish notice of all final permit
20 determinations for development permits for MSWLF units and
21 for significant permit modifications for lateral expansions
22 for existing MSWLF units one time in a newspaper of general
23 circulation in the county in which the unit is or is proposed
24 to be located.
25 After January 1, 1994, operating permits issued under
26 this Section by the Agency for sources of air pollution
27 permitted to emit less than 25 tons per year of any
28 combination of regulated air pollutants, as defined in
29 Section 39.5 of this Act, shall be required to be renewed
30 only upon written request by the Agency consistent with
31 applicable provisions of this Act and regulations promulgated
32 hereunder. Such operating permits shall expire 180 days
33 after the date of such a request. The Board shall revise its
34 regulations for the existing State air pollution operating
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1 permit program consistent with this provision by January 1,
2 1994.
3 (b) The Agency may issue NPDES permits exclusively under
4 this subsection for the discharge of contaminants from point
5 sources into navigable waters, all as defined in the Federal
6 Water Pollution Control Act, as now or hereafter amended,
7 within the jurisdiction of the State, or into any well.
8 All NPDES permits shall contain those terms and
9 conditions, including but not limited to schedules of
10 compliance, which may be required to accomplish the purposes
11 and provisions of this Act.
12 The Agency may issue general NPDES permits for discharges
13 from categories of point sources which are subject to the
14 same permit limitations and conditions. Such general permits
15 may be issued without individual applications and shall
16 conform to regulations promulgated under Section 402 of the
17 Federal Water Pollution Control Act, as now or hereafter
18 amended.
19 The Agency may include, among such conditions, effluent
20 limitations and other requirements established under this
21 Act, Board regulations, the Federal Water Pollution Control
22 Act, as now or hereafter amended, and regulations pursuant
23 thereto, and schedules for achieving compliance therewith at
24 the earliest reasonable date.
25 The Agency shall adopt filing requirements and procedures
26 which are necessary and appropriate for the issuance of NPDES
27 permits, and which are consistent with the Act or regulations
28 adopted by the Board, and with the Federal Water Pollution
29 Control Act, as now or hereafter amended, and regulations
30 pursuant thereto.
31 The Agency, subject to any conditions which may be
32 prescribed by Board regulations, may issue NPDES permits to
33 allow discharges beyond deadlines established by this Act or
34 by regulations of the Board without the requirement of a
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1 variance, subject to the Federal Water Pollution Control Act,
2 as now or hereafter amended, and regulations pursuant
3 thereto.
4 (c) Except for those facilities owned or operated by
5 sanitary districts organized under the Metropolitan Water
6 Reclamation District Act, no permit for the development or
7 construction of a new pollution control facility may be
8 granted by the Agency unless the applicant submits proof to
9 the Agency that the location of the facility has been
10 approved by the County Board of the county if in an
11 unincorporated area, or the governing body of the
12 municipality when in an incorporated area, in which the
13 facility is to be located in accordance with Section 39.2 of
14 this Act.
15 However, if the location of a new pollution control
16 facility has been approved by (1) a county board of a county
17 or governing body of a municipality pursuant to Section 39.2
18 of this Act, (2) the Board, or (3) a court of competent
19 jurisdiction, and if subsequent to receiving that approval,
20 ownership of that facility has been transferred, a subsequent
21 owner shall not be required to submit proof that the facility
22 has been reapproved by the county board or governing body
23 pursuant to Section 39.2. Upon application to the Agency for
24 a development, construction, or operating permit by the
25 subsequent owner in relation to that facility, the Agency
26 shall conduct an evaluation of the subsequent owner's prior
27 experience in waste management operations in the manner
28 conducted under subsection (i) of Section 39 of this Act.
29 Beginning August 20, 1993, if the pollution control
30 facility consists of a hazardous or solid waste disposal
31 facility for which the proposed site is located in an
32 unincorporated area of a county with a population of less
33 than 100,000 and includes all or a portion of a parcel of
34 land that was, on April 1, 1993, adjacent to a municipality
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1 having a population of less than 5,000, then the local siting
2 review required under this subsection (c) in conjunction with
3 any permit applied for after that date shall be performed by
4 the governing body of that adjacent municipality rather than
5 the county board of the county in which the proposed site is
6 located; and for the purposes of that local siting review,
7 any references in this Act to the county board shall be
8 deemed to mean the governing body of that adjacent
9 municipality; provided, however, that the provisions of this
10 paragraph shall not apply to any proposed site which was, on
11 April 1, 1993, owned in whole or in part by another
12 municipality.
13 In the case of a pollution control facility for which a
14 development permit was issued before November 12, 1981, if an
15 operating permit has not been issued by the Agency prior to
16 August 31, 1989 for any portion of the facility, then the
17 Agency may not issue or renew any development permit nor
18 issue an original operating permit for any portion of such
19 facility unless the applicant has submitted proof to the
20 Agency that the location of the facility has been approved by
21 the appropriate county board or municipal governing body
22 pursuant to Section 39.2 of this Act.
23 After January 1, 1994, if a solid waste disposal
24 facility, any portion for which an operating permit has been
25 issued by the Agency, has not accepted waste disposal for 5
26 or more consecutive calendars years, before that facility may
27 accept any new or additional waste for disposal, the owner
28 and operator must obtain a new operating permit under this
29 Act for that facility unless the owner and operator have
30 applied to the Agency for a permit authorizing the temporary
31 suspension of waste acceptance. The Agency may not issue a
32 new operation permit under this Act for the facility unless
33 the applicant has submitted proof to the Agency that the
34 location of the facility has been approved or re-approved by
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1 the appropriate county board or municipal governing body
2 under Section 39.2 of this Act after the facility ceased
3 accepting waste.
4 Except for those facilities owned or operated by sanitary
5 districts organized under the Metropolitan Water Reclamation
6 District Act, and except for new pollution control facilities
7 governed by Section 39.2, and except for fossil fuel mining
8 facilities, the granting of a permit under this Act shall not
9 relieve the applicant from meeting and securing all necessary
10 zoning approvals from the unit of government having zoning
11 jurisdiction over the proposed facility.
12 Before beginning construction on any new sewage treatment
13 plant or sludge drying site to be owned or operated by a
14 sanitary district organized under the Metropolitan Water
15 Reclamation District Act for which a new permit (rather than
16 the renewal or amendment of an existing permit) is required,
17 such sanitary district shall hold a public hearing within the
18 municipality within which the proposed facility is to be
19 located, or within the nearest community if the proposed
20 facility is to be located within an unincorporated area, at
21 which information concerning the proposed facility shall be
22 made available to the public, and members of the public shall
23 be given the opportunity to express their views concerning
24 the proposed facility.
25 The Agency may issue a permit for a municipal waste
26 transfer station without requiring approval pursuant to
27 Section 39.2 provided that the following demonstration is
28 made:
29 (1) the municipal waste transfer station was in
30 existence on or before January 1, 1979 and was in
31 continuous operation from January 1, 1979 to January 1,
32 1993;
33 (2) the operator submitted a permit application to
34 the Agency to develop and operate the municipal waste
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1 transfer station during April of 1994;
2 (3) the operator can demonstrate that the county
3 board of the county, if the municipal waste transfer
4 station is in an unincorporated area, or the governing
5 body of the municipality, if the station is in an
6 incorporated area, does not object to resumption of the
7 operation of the station; and
8 (4) the site has local zoning approval.
9 (d) The Agency may issue RCRA permits exclusively under
10 this subsection to persons owning or operating a facility for
11 the treatment, storage, or disposal of hazardous waste as
12 defined under this Act.
13 All RCRA permits shall contain those terms and
14 conditions, including but not limited to schedules of
15 compliance, which may be required to accomplish the purposes
16 and provisions of this Act. The Agency may include among
17 such conditions standards and other requirements established
18 under this Act, Board regulations, the Resource Conservation
19 and Recovery Act of 1976 (P.L. 94-580), as amended, and
20 regulations pursuant thereto, and may include schedules for
21 achieving compliance therewith as soon as possible. The
22 Agency shall require that a performance bond or other
23 security be provided as a condition for the issuance of a
24 RCRA permit.
25 In the case of a permit to operate a hazardous waste or
26 PCB incinerator as defined in subsection (k) of Section 44,
27 the Agency shall require, as a condition of the permit, that
28 the operator of the facility perform such analyses of the
29 waste to be incinerated as may be necessary and appropriate
30 to ensure the safe operation of the incinerator.
31 The Agency shall adopt filing requirements and procedures
32 which are necessary and appropriate for the issuance of RCRA
33 permits, and which are consistent with the Act or regulations
34 adopted by the Board, and with the Resource Conservation and
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1 Recovery Act of 1976 (P.L. 94-580), as amended, and
2 regulations pursuant thereto.
3 The applicant shall make available to the public for
4 inspection all documents submitted by the applicant to the
5 Agency in furtherance of an application, with the exception
6 of trade secrets, at the office of the county board or
7 governing body of the municipality. Such documents may be
8 copied upon payment of the actual cost of reproduction during
9 regular business hours of the local office. The Agency shall
10 issue a written statement concurrent with its grant or denial
11 of the permit explaining the basis for its decision.
12 (e) The Agency may issue UIC permits exclusively under
13 this subsection to persons owning or operating a facility for
14 the underground injection of contaminants as defined under
15 this Act.
16 All UIC permits shall contain those terms and conditions,
17 including but not limited to schedules of compliance, which
18 may be required to accomplish the purposes and provisions of
19 this Act. The Agency may include among such conditions
20 standards and other requirements established under this Act,
21 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
22 as amended, and regulations pursuant thereto, and may include
23 schedules for achieving compliance therewith. The Agency
24 shall require that a performance bond or other security be
25 provided as a condition for the issuance of a UIC permit.
26 The Agency shall adopt filing requirements and procedures
27 which are necessary and appropriate for the issuance of UIC
28 permits, and which are consistent with the Act or regulations
29 adopted by the Board, and with the Safe Drinking Water Act
30 (P.L. 93-523), as amended, and regulations pursuant thereto.
31 The applicant shall make available to the public for
32 inspection, all documents submitted by the applicant to the
33 Agency in furtherance of an application, with the exception
34 of trade secrets, at the office of the county board or
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1 governing body of the municipality. Such documents may be
2 copied upon payment of the actual cost of reproduction during
3 regular business hours of the local office. The Agency shall
4 issue a written statement concurrent with its grant or denial
5 of the permit explaining the basis for its decision.
6 (f) In making any determination pursuant to Section 9.1
7 of this Act:
8 (1) The Agency shall have authority to make the
9 determination of any question required to be determined
10 by the Clean Air Act, as now or hereafter amended, this
11 Act, or the regulations of the Board, including the
12 determination of the Lowest Achievable Emission Rate,
13 Maximum Achievable Control Technology, or Best Available
14 Control Technology, consistent with the Board's
15 regulations, if any.
16 (2) The Agency shall, after conferring with the
17 applicant, give written notice to the applicant of its
18 proposed decision on the application including the terms
19 and conditions of the permit to be issued and the facts,
20 conduct or other basis upon which the Agency will rely to
21 support its proposed action.
22 (3) Following such notice, the Agency shall give
23 the applicant an opportunity for a hearing in accordance
24 with the provisions of Sections 10-25 through 10-60 of
25 the Illinois Administrative Procedure Act.
26 (g) The Agency shall include as conditions upon all
27 permits issued for hazardous waste disposal sites such
28 restrictions upon the future use of such sites as are
29 reasonably necessary to protect public health and the
30 environment, including permanent prohibition of the use of
31 such sites for purposes which may create an unreasonable risk
32 of injury to human health or to the environment. After
33 administrative and judicial challenges to such restrictions
34 have been exhausted, the Agency shall file such restrictions
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1 of record in the Office of the Recorder of the county in
2 which the hazardous waste disposal site is located.
3 (h) A hazardous waste stream may not be deposited in a
4 permitted hazardous waste site unless specific authorization
5 is obtained from the Agency by the generator and disposal
6 site owner and operator for the deposit of that specific
7 hazardous waste stream. The Agency may grant specific
8 authorization for disposal of hazardous waste streams only
9 after the generator has reasonably demonstrated that,
10 considering technological feasibility and economic
11 reasonableness, the hazardous waste cannot be reasonably
12 recycled for reuse, nor incinerated or chemically, physically
13 or biologically treated so as to neutralize the hazardous
14 waste and render it nonhazardous. In granting authorization
15 under this Section, the Agency may impose such conditions as
16 may be necessary to accomplish the purposes of the Act and
17 are consistent with this Act and regulations promulgated by
18 the Board hereunder. If the Agency refuses to grant
19 authorization under this Section, the applicant may appeal as
20 if the Agency refused to grant a permit, pursuant to the
21 provisions of subsection (a) of Section 40 of this Act. For
22 purposes of this subsection (h), the term "generator" has the
23 meaning given in Section 3.12 of this Act, unless: (1) the
24 hazardous waste is treated, incinerated, or partially
25 recycled for reuse prior to disposal, in which case the last
26 person who treats, incinerates, or partially recycles the
27 hazardous waste prior to disposal is the generator; or (2)
28 the hazardous waste is from a response action, in which case
29 the person performing the response action is the generator.
30 This subsection (h) does not apply to any hazardous waste
31 that is restricted from land disposal under 35 Ill. Adm. Code
32 728.
33 (i) Before issuing any RCRA permit or any permit for the
34 conduct of any waste-transportation or waste-disposal
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1 operation, the Agency shall conduct an evaluation of the
2 prospective operator's prior experience in waste management
3 operations. The Agency may deny such a permit if the
4 prospective operator or any employee or officer of the
5 prospective operator has a history of:
6 (1) repeated violations of federal, State, or local
7 laws, regulations, standards, or ordinances in the
8 operation of refuse disposal facilities or sites; or
9 (2) conviction in this or another State of any
10 crime which is a felony under the laws of this State, or
11 conviction of a felony in a federal court; or
12 (3) proof of gross carelessness or incompetence in
13 handling, storing, processing, transporting or disposing
14 of any hazardous waste.
15 (j) The issuance under this Act of a permit to engage in
16 the surface mining of any resources other than fossil fuels
17 shall not relieve the permittee from its duty to comply with
18 any applicable local law regulating the commencement,
19 location or operation of surface mining facilities.
20 (k) A development permit issued under subsection (a) of
21 Section 39 for any facility or site which is required to have
22 a permit under subsection (d) of Section 21 shall expire at
23 the end of 2 calendar years from the date upon which it was
24 issued, unless within that period the applicant has taken
25 action to develop the facility or the site. In the event that
26 review of the conditions of the development permit is sought
27 pursuant to Section 40 or 41, or permittee is prevented from
28 commencing development of the facility or site by any other
29 litigation beyond the permittee's control, such two-year
30 period shall be deemed to begin on the date upon which such
31 review process or litigation is concluded.
32 (l) No permit shall be issued by the Agency under this
33 Act for construction or operation of any facility or site
34 located within the boundaries of any setback zone established
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1 pursuant to this Act, where such construction or operation is
2 prohibited.
3 (m) The Agency may issue permits to persons owning or
4 operating a facility for composting landscape waste. In
5 granting such permits, the Agency may impose such conditions
6 as may be necessary to accomplish the purposes of this Act,
7 and as are not inconsistent with applicable regulations
8 promulgated by the Board. Except as otherwise provided in
9 this Act, a bond or other security shall not be required as a
10 condition for the issuance of a permit. If the Agency denies
11 any permit pursuant to this subsection, the Agency shall
12 transmit to the applicant within the time limitations of this
13 subsection specific, detailed statements as to the reasons
14 the permit application was denied. Such statements shall
15 include but not be limited to the following:
16 (1) the Sections of this Act that may be violated
17 if the permit were granted;
18 (2) the specific regulations promulgated pursuant
19 to this Act that may be violated if the permit were
20 granted;
21 (3) the specific information, if any, the Agency
22 deems the applicant did not provide in its application to
23 the Agency; and
24 (4) a statement of specific reasons why the Act and
25 the regulations might be violated if the permit were
26 granted.
27 If no final action is taken by the Agency within 90 days
28 after the filing of the application for permit, the applicant
29 may deem the permit issued. Any applicant for a permit may
30 waive the 90 day limitation by filing a written statement
31 with the Agency.
32 The Agency shall issue permits for such facilities upon
33 receipt of an application that includes a legal description
34 of the site, a topographic map of the site drawn to the scale
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1 of 200 feet to the inch or larger, a description of the
2 operation, including the area served, an estimate of the
3 volume of materials to be processed, and documentation that:
4 (1) the facility includes a setback of at least 200
5 feet from the nearest potable water supply well;
6 (2) the facility is located outside the boundary of
7 the 10-year floodplain or the site will be floodproofed;
8 (3) the facility is located so as to minimize
9 incompatibility with the character of the surrounding
10 area, including at least a 200 foot setback from any
11 residence, and in the case of a facility that is
12 developed or the permitted composting area of which is
13 expanded after November 17, 1991, the composting area is
14 located at least 1/8 mile from the nearest residence
15 (other than a residence located on the same property as
16 the facility);
17 (4) the design of the facility will prevent any
18 compost material from being placed within 5 feet of the
19 water table, will adequately control runoff from the
20 site, and will collect and manage any leachate that is
21 generated on the site;
22 (5) the operation of the facility will include
23 appropriate dust and odor control measures, limitations
24 on operating hours, appropriate noise control measures
25 for shredding, chipping and similar equipment, management
26 procedures for composting, containment and disposal of
27 non-compostable wastes, procedures to be used for
28 terminating operations at the site, and recordkeeping
29 sufficient to document the amount of materials received,
30 composted and otherwise disposed of; and
31 (6) the operation will be conducted in accordance
32 with any applicable rules adopted by the Board.
33 The Agency shall issue renewable permits of not longer
34 than 10 years in duration for the composting of landscape
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1 wastes, as defined in Section 3.70 of this Act, based on the
2 above requirements.
3 The operator of any facility permitted under this
4 subsection (m) must submit a written annual statement to the
5 Agency on or before April 1 of each year that includes an
6 estimate of the amount of material, in tons, received for
7 composting.
8 (n) The Agency shall issue permits jointly with the
9 Department of Transportation for the dredging or deposit of
10 material in Lake Michigan in accordance with Section 18 of
11 the Rivers, Lakes, and Streams Act.
12 (o) From September 4, 1990 until December 31, 1993, no
13 permit shall be issued by the Agency for the development or
14 construction of any new facility intended to be used for the
15 incineration of any hazardous waste. This subsection shall
16 not apply to facilities intended for use for combustion of
17 potentially infectious medical waste, for use as part of a
18 State or federally designated clean-up action, or for use
19 solely for the conduct of research and the development and
20 demonstration of technologies for the incineration of
21 hazardous waste.
22 (p) (1) Any person submitting an application for a
23 permit for a new MSWLF unit or for a lateral expansion under
24 subsection (t) of Section 21 of this Act for an existing
25 MSWLF unit that has not received and is not subject to local
26 siting approval under Section 39.2 of this Act shall publish
27 notice of the application in a newspaper of general
28 circulation in the county in which the MSWLF unit is or is
29 proposed to be located. The notice must be published at
30 least 15 days before submission of the permit application to
31 the Agency. The notice shall state the name and address of
32 the applicant, the location of the MSWLF unit or proposed
33 MSWLF unit, the nature and size of the MSWLF unit or proposed
34 MSWLF unit, the nature of the activity proposed, the probable
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1 life of the proposed activity, the date the permit
2 application will be submitted, and a statement that persons
3 may file written comments with the Agency concerning the
4 permit application within 30 days after the filing of the
5 permit application unless the time period to submit comments
6 is extended by the Agency.
7 When a permit applicant submits information to the Agency
8 to supplement a permit application being reviewed by the
9 Agency, the applicant shall not be required to reissue the
10 notice under this subsection.
11 (2) The Agency shall accept written comments concerning
12 the permit application that are postmarked no later then 30
13 days after the filing of the permit application, unless the
14 time period to accept comments is extended by the Agency.
15 (3) Each applicant for a permit described in part (1) of
16 this subsection shall file a copy of the permit application
17 with the county board or governing body of the municipality
18 in which the MSWLF unit is or is proposed to be located at
19 the same time the application is submitted to the Agency.
20 The permit application filed with the county board or
21 governing body of the municipality shall include all
22 documents submitted to or to be submitted to the Agency,
23 except trade secrets as determined under Section 7.1 of this
24 Act. The permit application and other documents on file with
25 the county board or governing body of the municipality shall
26 be made available for public inspection during regular
27 business hours at the office of the county board or the
28 governing body of the municipality and may be copied upon
29 payment of the actual cost of reproduction.
30 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
31 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
32 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)