Illinois General Assembly - Full Text of Public Act 099-0396
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Public Act 099-0396


 

Public Act 0396 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0396
 
SB1590 EnrolledLRB099 09844 MGM 30056 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 39 as follows:
 
    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved a
release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
        (i) the Sections of this Act which may be violated if
    the permit were granted;
        (ii) the provision of the regulations, promulgated
    under this Act, which may be violated if the permit were
    granted;
        (iii) the specific type of information, if any, which
    the Agency deems the applicant did not provide the Agency;
    and
        (iv) a statement of specific reasons why the Act and
    the regulations might not be met if the permit were
    granted.
    If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection (p)
of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or to
UIC permit applications under subsection (e) of this Section.
    The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
    After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
    After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution operating
permit program consistent with this paragraph and shall adopt
rules that require a source to demonstrate that it qualifies
for a permit under this paragraph.
    (b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
    All NPDES permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act.
    The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
    The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto, and
schedules for achieving compliance therewith at the earliest
reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
    The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or by
regulations of the Board without the requirement of a variance,
subject to the Federal Water Pollution Control Act, as now or
hereafter amended, and regulations pursuant thereto.
    (c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be granted
by the Agency unless the applicant submits proof to the Agency
that the location of the facility has been approved by the
County Board of the county if in an unincorporated area, or the
governing body of the municipality when in an incorporated
area, in which the facility is to be located in accordance with
Section 39.2 of this Act. For purposes of this subsection (c),
and for purposes of Section 39.2 of this Act, the appropriate
county board or governing body of the municipality shall be the
county board of the county or the governing body of the
municipality in which the facility is to be located as of the
date when the application for siting approval is filed.
    In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate county
board or governing body of the municipality that granted siting
approval for that facility and upon any party to the siting
proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the
subsequent owner or operator's prior experience in waste
management operations in the manner conducted under subsection
(i) of Section 39 of this Act.
    Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
    In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate
county board or municipal governing body pursuant to Section
39.2 of this Act.
    After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendars years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to the
Agency for a permit authorizing the temporary suspension of
waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant has
submitted proof to the Agency that the location of the facility
has been approved or re-approved by the appropriate county
board or municipal governing body under Section 39.2 of this
Act after the facility ceased accepting waste.
    Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
    The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is made:
        (1) the municipal waste transfer station was in
    existence on or before January 1, 1979 and was in
    continuous operation from January 1, 1979 to January 1,
    1993;
        (2) the operator submitted a permit application to the
    Agency to develop and operate the municipal waste transfer
    station during April of 1994;
        (3) the operator can demonstrate that the county board
    of the county, if the municipal waste transfer station is
    in an unincorporated area, or the governing body of the
    municipality, if the station is in an incorporated area,
    does not object to resumption of the operation of the
    station; and
        (4) the site has local zoning approval.
    (d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
    All RCRA permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended, and regulations pursuant thereto,
and may include schedules for achieving compliance therewith as
soon as possible. The Agency shall require that a performance
bond or other security be provided as a condition for the
issuance of a RCRA permit.
    In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
pursuant thereto.
    The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the
underground injection of contaminants as defined under this
Act.
    All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Safe Drinking Water Act (P.L. 93-523), as
amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
    (f) In making any determination pursuant to Section 9.1 of
this Act:
        (1) The Agency shall have authority to make the
    determination of any question required to be determined by
    the Clean Air Act, as now or hereafter amended, this Act,
    or the regulations of the Board, including the
    determination of the Lowest Achievable Emission Rate,
    Maximum Achievable Control Technology, or Best Available
    Control Technology, consistent with the Board's
    regulations, if any.
        (2) The Agency shall, after conferring with the
    applicant, give written notice to the applicant of its
    proposed decision on the application including the terms
    and conditions of the permit to be issued and the facts,
    conduct or other basis upon which the Agency will rely to
    support its proposed action.
        (3) Following such notice, the Agency shall give the
    applicant an opportunity for a hearing in accordance with
    the provisions of Sections 10-25 through 10-60 of the
    Illinois Administrative Procedure Act.
    (g) The Agency shall include as conditions upon all permits
issued for hazardous waste disposal sites such restrictions
upon the future use of such sites as are reasonably necessary
to protect public health and the environment, including
permanent prohibition of the use of such sites for purposes
which may create an unreasonable risk of injury to human health
or to the environment. After administrative and judicial
challenges to such restrictions have been exhausted, the Agency
shall file such restrictions of record in the Office of the
Recorder of the county in which the hazardous waste disposal
site is located.
    (h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of Section
40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or
partially recycled for reuse prior to disposal, in which case
the last person who treats, incinerates, or partially recycles
the hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste that
is restricted from land disposal under 35 Ill. Adm. Code 728.
    (i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, or any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, and clean construction or demolition
debris fill operations, and tire storage site management. The
Agency may deny such a permit, or deny or revoke interim
authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
        (1) repeated violations of federal, State, or local
    laws, regulations, standards, or ordinances in the
    operation of waste management facilities or sites, or clean
    construction or demolition debris fill operation
    facilities or sites, or tire storage sites; or
        (2) conviction in this or another State of any crime
    which is a felony under the laws of this State, or
    conviction of a felony in a federal court; or conviction in
    this or another state or federal court of any of the
    following crimes: forgery, official misconduct, bribery,
    perjury, or knowingly submitting false information under
    any environmental law, regulation, or permit term or
    condition; or
        (3) proof of gross carelessness or incompetence in
    handling, storing, processing, transporting or disposing
    of waste, or clean construction or demolition debris, or
    used or waste tires, or proof of gross carelessness or
    incompetence in using clean construction or demolition
    debris as fill.
    (i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed contamination
at the site, unless such contamination is authorized under any
permit issued by the Agency.
    (j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
    (k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
    (l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
    (m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions as
may be necessary to accomplish the purposes of this Act, and as
are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond
or other security shall not be required as a condition for the
issuance of a permit. If the Agency denies any permit pursuant
to this subsection, the Agency shall transmit to the applicant
within the time limitations of this subsection specific,
detailed statements as to the reasons the permit application
was denied. Such statements shall include but not be limited to
the following:
        (1) the Sections of this Act that may be violated if
    the permit were granted;
        (2) the specific regulations promulgated pursuant to
    this Act that may be violated if the permit were granted;
        (3) the specific information, if any, the Agency deems
    the applicant did not provide in its application to the
    Agency; and
        (4) a statement of specific reasons why the Act and the
    regulations might be violated if the permit were granted.
    If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement with
the Agency.
    The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
        (1) the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
        (2) the facility is located outside the boundary of the
    10-year floodplain or the site will be floodproofed;
        (3) the facility is located so as to minimize
    incompatibility with the character of the surrounding
    area, including at least a 200 foot setback from any
    residence, and in the case of a facility that is developed
    or the permitted composting area of which is expanded after
    November 17, 1991, the composting area is located at least
    1/8 mile from the nearest residence (other than a residence
    located on the same property as the facility);
        (4) the design of the facility will prevent any compost
    material from being placed within 5 feet of the water
    table, will adequately control runoff from the site, and
    will collect and manage any leachate that is generated on
    the site;
        (5) the operation of the facility will include
    appropriate dust and odor control measures, limitations on
    operating hours, appropriate noise control measures for
    shredding, chipping and similar equipment, management
    procedures for composting, containment and disposal of
    non-compostable wastes, procedures to be used for
    terminating operations at the site, and recordkeeping
    sufficient to document the amount of materials received,
    composted and otherwise disposed of; and
        (6) the operation will be conducted in accordance with
    any applicable rules adopted by the Board.
    The Agency shall issue renewable permits of not longer than
10 years in duration for the composting of landscape wastes, as
defined in Section 3.155 of this Act, based on the above
requirements.
    The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
    (n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
    (o) (Blank.)
    (p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice of
the application in a newspaper of general circulation in the
county in which the MSWLF unit is or is proposed to be located.
The notice must be published at least 15 days before submission
of the permit application to the Agency. The notice shall state
the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the
MSWLF unit or proposed MSWLF unit, the nature of the activity
proposed, the probable life of the proposed activity, the date
the permit application will be submitted, and a statement that
persons may file written comments with the Agency concerning
the permit application within 30 days after the filing of the
permit application unless the time period to submit comments is
extended by the Agency.
    When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
    (2) The Agency shall accept written comments concerning the
permit application that are postmarked no later than 30 days
after the filing of the permit application, unless the time
period to accept comments is extended by the Agency.
    (3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
    (q) Within 6 months after the effective date of this
amendatory Act of the 97th General Assembly, the Agency, in
consultation with the regulated community, shall develop a web
portal to be posted on its website for the purpose of enhancing
review and promoting timely issuance of permits required by
this Act. At a minimum, the Agency shall make the following
information available on the web portal:
        (1) Checklists and guidance relating to the completion
    of permit applications, developed pursuant to subsection
    (s) of this Section, which may include, but are not limited
    to, existing instructions for completing the applications
    and examples of complete applications. As the Agency
    develops new checklists and develops guidance, it shall
    supplement the web portal with those materials.
        (2) Within 2 years after the effective date of this
    amendatory Act of the 97th General Assembly, permit
    application forms or portions of permit applications that
    can be completed and saved electronically, and submitted to
    the Agency electronically with digital signatures.
        (3) Within 2 years after the effective date of this
    amendatory Act of the 97th General Assembly, an online
    tracking system where an applicant may review the status of
    its pending application, including the name and contact
    information of the permit analyst assigned to the
    application. Until the online tracking system has been
    developed, the Agency shall post on its website semi-annual
    permitting efficiency tracking reports that include
    statistics on the timeframes for Agency action on the
    following types of permits received after the effective
    date of this amendatory Act of the 97th General Assembly:
    air construction permits, new NPDES permits and associated
    water construction permits, and modifications of major
    NPDES permits and associated water construction permits.
    The reports must be posted by February 1 and August 1 each
    year and shall include:
            (A) the number of applications received for each
        type of permit, the number of applications on which the
        Agency has taken action, and the number of applications
        still pending; and
            (B) for those applications where the Agency has not
        taken action in accordance with the timeframes set
        forth in this Act, the date the application was
        received and the reasons for any delays, which may
        include, but shall not be limited to, (i) the
        application being inadequate or incomplete, (ii)
        scientific or technical disagreements with the
        applicant, USEPA, or other local, state, or federal
        agencies involved in the permitting approval process,
        (iii) public opposition to the permit, or (iv) Agency
        staffing shortages. To the extent practicable, the
        tracking report shall provide approximate dates when
        cause for delay was identified by the Agency, when the
        Agency informed the applicant of the problem leading to
        the delay, and when the applicant remedied the reason
        for the delay.
    (r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
    (s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
    (t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
    (u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
    (v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
    (w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
    (x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the
potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(Source: P.A. 97-95, eff. 7-12-11; 98-284, eff. 8-9-13.)
 
    Section 10. The Uniform Environmental Covenants Act is
amended by changing Sections 2 and 11 as follows:
 
    (765 ILCS 122/2)
    Sec. 2. Definitions. In this Act:
    (1) "Activity and use limitations" means restrictions or
obligations created under this Act with respect to real
property.
    (2) "Agency" means the Illinois Environmental Protection
Agency or any other State or federal agency that determines or
approves the environmental response project pursuant to which
the environmental covenant is created.
    "Board" means the Pollution Control Board established by
the Environmental Protection Act.
    (3) "Common interest community" means a condominium,
cooperative, or other real property with respect to which a
person, by virtue of the person's ownership of a parcel of real
property, is obligated to pay property taxes or insurance
premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the
common interest community.
    (4) "Environmental covenant" means a servitude that (i)
arises arising under an environmental response project or under
a court or Board order and (ii) that imposes activity and use
limitations.
    (5) "Environmental response project" means a plan or work
that is:
        (1) approved or overseen by an agency; and
        (2) performed for environmental remediation of any
    site or facility in response to contamination at any one or
    more of real property at the following sites or facilities:
            (A) all sites or facilities that are listed as
        proposed or final on the National Priorities List
        pursuant to Section 105 of the Comprehensive
        Environmental Response, Compensation and Liability Act
        of 1980, as amended (42 U.S.C. 9601 et seq.);
            (B) all sites or facilities undergoing remediation
        pursuant to an administrative order issued pursuant to
        Section 106 of the Comprehensive Environmental
        Response, Compensation and Liability Act of 1980, as
        amended (42 U.S.C. 9601 et seq.);
            (C) all sites or facilities that are or were
        formerly owned or operated by a department, agency, or
        instrumentality of the United States that are
        undergoing remediation pursuant to Section 120 of the
        Comprehensive Environmental Response, Compensation and
        Liability Act of 1980, as amended (42 U.S.C. 9601 et
        seq.);
            (D) all sites or facilities undergoing remediation
        pursuant to a settlement agreement pursuant to Section
        122 of the Comprehensive Environmental Response,
        Compensation and Liability Act of 1980, as amended (42
        U.S.C. 9601 et seq.);
            (E) all sites or facilities undergoing remediation
        pursuant to Section 3008(h) of the Resource
        Conservation and Recovery Act of 1976 (42 U.S.C. 6901
        et seq.);
            (F) all sites or facilities undergoing remediation
        pursuant to Section 7003 of the Resource Conservation
        and Recovery Act of 1976 (42 U.S.C. 6901 et seq.); or
            (G) all sites or facilities undergoing remediation
        pursuant to a court or Board board order issued
        pursuant to the Illinois Environmental Protection Act
        (415 ILCS 5/1 et seq.) with the approval of the Agency;
        or .
            (H) sites or facilities undergoing remediation
        pursuant to a Compliance Commitment Agreement entered
        into under Section 31 of the Environmental Protection
        Act.
    (6) "Holder" means the grantee of an environmental covenant
as specified in Section 3(a).
    (7) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government,
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
    (8) "Prior interest" means a preceding or senior interest,
in time or in right, that is recorded with respect to the real
property, including but not limited to a mortgage, easement, or
other interest, lien, or encumbrance predating the recording of
an environmental covenant.
    (9) "Record", used as a noun, means information that is
inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable
form.
    (10) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(Source: P.A. 95-845, eff. 1-1-09.)
 
    (765 ILCS 122/11)
    Sec. 11. Enforcement of environmental covenant.
    (a) A civil action for injunctive or other equitable relief
for violation of an environmental covenant may be maintained
by:
        (1) A party to the covenant.
        (2) The agency or, if it is not the agency, the
    Illinois Environmental Protection Agency.
        (3) Any person to whom the covenant expressly grants
    power to enforce.
        (4) A person whose interest in the real property or
    whose collateral or liability may be affected by the
    alleged violation of the covenant.
        (5) A municipality or other unit of local government in
    which the real property subject to the covenant is located.
        (6) Any agency that is enforcing the terms of any court
    or Board order.
    (b) This Act does not limit the regulatory authority of the
agency or the Illinois Environmental Protection Agency under
law other than this Act with respect to an environmental
response project.
    (c) A person is not responsible for or subject to liability
for environmental remediation solely because it has the right
to enforce an environmental covenant.
(Source: P.A. 95-845, eff. 1-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2015