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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB0496enr SB496 Enrolled LRB9102489LDpk 1 AN ACT to amend the Environmental Protection Act by 2 changing Sections 22.19a, 22.19b, and 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 Sections 22.19a, 22.19b, and 39.2 as follows: 7 (415 ILCS 5/22.19a) 8 Sec. 22.19a. Floodplain. 9 (a) On and after January 1, 1998, no sanitary landfill 10 or waste disposal site that is a pollution control facility, 11 or any part of a sanitary landfill or waste disposal site 12 that is a pollution control facility, may be located within 13 the boundary of the 100-year floodplain. 14 (b) Subsection (a) shall not apply to the following: 15 (1) a sanitary landfill or waste disposal site 16 initially permitted for development or construction by 17 the Agency before August 19,the effective date of this18amendatory Act of1997; 19 (2) a sanitary landfill or waste disposal site for 20 which local siting approval has been granted before 21 August 19,the effective date of this amendatory Act of22 1997;or23 (3) the area of expansion beyond the boundary of a 24 currently permitted sanitary landfill or waste disposal 25 site, provided that the area of expansion is, on August 26 19,the effective date of this amendatory Act of1997, 27 owned by the owner or operator of the currently sited or 28 permitted sanitary landfill or waste site to which the 29 area of expansion is adjacent; or 30 (4) a sanitary landfill or waste disposal site that 31 is a pollution control facility that ceased accepting SB496 Enrolled -2- LRB9102489LDpk 1 waste on or before August 19, 1997 or any part of a 2 sanitary landfill or waste disposal site that is a 3 pollution control facility that ceased accepting waste on 4 or before August 19, 1997. 5 (Source: P.A. 90-503, eff. 8-19-97.) 6 (415 ILCS 5/22.19b) 7 Sec. 22.19b. Postclosure care requirementsFinancial8assurance rules. 9 (a)Not later than June 30, 1998, the Agency shall10propose rulesFor those sanitary landfills and waste disposal 11 sites located within the boundary of the 100-year floodplain 12 pursuant to paragraph (3) of subsection (b) of Section 22.19a 13 , to address the risks posed by flooding to the integrity of 14 the sanitary landfill or waste disposal site, the owner or 15 operator of the sanitary landfill or waste disposal site 16 shall comply with the following financial assurance 17 requirements for that portion of the site permitted for the 18 disposal of solid waste within the boundary of the 100-year 19 floodplain:.20 (1) The owner or operator must include, in the 21 facility postclosure care plan and the postclosure care 22 cost estimate: 23 (A) the cost of inspecting, and anticipated 24 repairs to, all surface water drainage structures in 25 the area of the landfill or waste disposal site 26 permitted for the disposal of solid waste within the 27 boundary of the 100-year floodplain; 28 (B) the cost of repairing anticipated erosion 29 affecting both the final cover and vegetation in the 30 area of the landfill or waste disposal site 31 permitted for the disposal of solid waste within the 32 boundary of the 100-year floodplain below the 33 100-year flood elevation; SB496 Enrolled -3- LRB9102489LDpk 1 (C) the cost of inspecting the portion of the 2 site permitted for the disposal of solid waste 3 within the boundary of the 100-year floodplain a 4 minimum of once every 5 years; and 5 (D) the cost of monitoring the portion of the 6 landfill or waste disposal site permitted for the 7 disposal of solid waste within the boundary of the 8 100-year floodplain after a 100-year flood. 9 (2) The owner or operator must provide financial 10 assurance, using any of the financial assurance 11 mechanisms set forth in Title 35, Part 811, Subpart G of 12 the Illinois Administrative Code, as amended, to cover 13 the costs identified in subsection (a)(1) of this 14 Section; 15 (3) The owner or operator must base the portion of 16 the postclosure care cost estimate addressing the 17 activities prescribed in subsection (a)(1) of this 18 Section on a period of 100 years; and 19 (4) The owner or operator must submit the 20 information required under subsection (a)(1) of this 21 Section to the Agency as part of the facility's 22 application for a permit required to develop the area 23 pursuant to Title 35, Section 812.115 of the Illinois 24 Administrative Code, as amended, for non-hazardous waste 25 landfills or pursuant to Title 35, Section 724.218 of the 26 Illinois Administrative Code, as amended, for hazardous 27 waste landfills.The rules shall be limited to and28prescribe standards for financial assurance mechanisms29equivalent to the standards set forth in Title 35, Part30811, Subpart G of the Illinois Administrative Code, as31amended, to address the risks posed by flooding to the32integrity of a sanitary landfill or waste disposal site33located within the boundary of the 100-year floodplain.34The financial assurance mechanisms shall be for a periodSB496 Enrolled -4- LRB9102489LDpk 1of 100 years, beginning with the commencement of the2post-closure care period, and shall apply to the portion3of the facility located within the boundary of the4100-year floodplain and to the portion of the facility5located outside the boundary of the 100-year floodplain.6 (b) Any sanitary landfill or waste disposal site owner 7 or operator subject to subsection (a) of this Section must 8 certify in the facility's application for permit renewal that 9 the postclosure care activities set forth in the postclosure 10 care plan to comply with this Section have been met and will 11 be performed.Not later than 6 months after the receipt of12the Agency's proposed rules, the Board shall adopt rules for13sanitary landfills and waste disposal sites located within14the boundary of the 100-year floodplain pursuant to15subsection (b) of Section 22.19a. The rules shall be limited16to, and prescribe standards for financial assurance17mechanisms equivalent to the standards set forth in Title 35,18Part 811, Subpart G of the Illinois Administrative Code, as19amended, to address the risks posed by flooding to the20integrity of a sanitary landfill or waste disposal site21located within the boundary of the 100-year floodplain. The22financial assurance mechanisms shall be for a period of 10023years, beginning with the commencement of the post-closure24care period, and shall apply to the portion of the facility25located within the boundary of the 100-year floodplain and to26the portion of the facility located outside the boundary of27the 100-year floodplain.28 (c) Nothing in this Section shall be construed as 29 limiting the general authority of the Board to adopt rules 30 pursuant to Title VII of this Act. 31 (d) Notwithstanding any requirements of this Section, 32 the owner or operator of any landfill or waste disposal 33 facility located in a 100-year floodplain shall, upon receipt 34 of notification from the Agency, repair damage to that SB496 Enrolled -5- LRB9102489LDpk 1 facility caused by a 100-year flood. 2 (Source: P.A. 90-503, eff. 8-19-97.) 3 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 4 Sec. 39.2. Local siting review. 5 (a) The county board of the county or the governing body 6 of the municipality, as determined by paragraph (c) of 7 Section 39 of this Act, shall approve or disapprove the 8 request for local siting approval for each pollution control 9 facility which is subject to such review. An applicant for 10 local siting approval shall submit sufficient details 11 describing the proposed facility to demonstrate compliance, 12 and local siting approval shall be granted only if the 13 proposed facility meets the following criteria: 14 (i) the facility is necessary to accommodate the 15 waste needs of the area it is intended to serve; 16 (ii) the facility is so designed, located and 17 proposed to be operated that the public health, safety 18 and welfare will be protected; 19 (iii) the facility is located so as to minimize 20 incompatibility with the character of the surrounding 21 area and to minimize the effect on the value of the 22 surrounding property; 23 (iv) (A) for a facility other than a sanitary 24 landfill or waste disposal site, the facility is located 25 outside the boundary of the 100 year flood plain or the 26 site is flood-proofed; (B) for a facility that is a 27 sanitary landfill or waste disposal site, the facility is 28 located outside the boundary of the 100-year floodplain, 29 or if the facility is a facility described in subsection 30 (b)(3)subsection (b)of Section 22.19a, the site is 31 flood-proofed; 32 (v) the plan of operations for the facility is 33 designed to minimize the danger to the surrounding area SB496 Enrolled -6- LRB9102489LDpk 1 from fire, spills, or other operational accidents; 2 (vi) the traffic patterns to or from the facility 3 are so designed as to minimize the impact on existing 4 traffic flows; 5 (vii) if the facility will be treating, storing or 6 disposing of hazardous waste, an emergency response plan 7 exists for the facility which includes notification, 8 containment and evacuation procedures to be used in case 9 of an accidental release; 10 (viii) if the facility is to be located in a county 11 where the county board has adopted a solid waste 12 management plan consistent with the planning requirements 13 of the Local Solid Waste Disposal Act or the Solid Waste 14 Planning and Recycling Act, the facility is consistent 15 with that plan; and 16 (ix) if the facility will be located within a 17 regulated recharge area, any applicable requirements 18 specified by the Board for such areas have been met. 19 The county board or the governing body of the 20 municipality may also consider as evidence the previous 21 operating experience and past record of convictions or 22 admissions of violations of the applicant (and any subsidiary 23 or parent corporation) in the field of solid waste management 24 when considering criteria (ii) and (v) under this Section. 25 (b) No later than 14 days prior to a request for 26 location approval the applicant shall cause written notice of 27 such request to be served either in person or by registered 28 mail, return receipt requested, on the owners of all property 29 within the subject area not solely owned by the applicant, 30 and on the owners of all property within 250 feet in each 31 direction of the lot line of the subject property, said 32 owners being such persons or entities which appear from the 33 authentic tax records of the County in which such facility is 34 to be located; provided, that the number of all feet occupied SB496 Enrolled -7- LRB9102489LDpk 1 by all public roads, streets, alleys and other public ways 2 shall be excluded in computing the 250 feet requirement; 3 provided further, that in no event shall this requirement 4 exceed 400 feet, including public streets, alleys and other 5 public ways. 6 Such written notice shall also be served upon members of 7 the General Assembly from the legislative district in which 8 the proposed facility is located and shall be published in a 9 newspaper of general circulation published in the county in 10 which the site is located. 11 Such notice shall state the name and address of the 12 applicant, the location of the proposed site, the nature and 13 size of the development, the nature of the activity proposed, 14 the probable life of the proposed activity, the date when the 15 request for site approval will be submitted, and a 16 description of the right of persons to comment on such 17 request as hereafter provided. 18 (c) An applicant shall file a copy of its request with 19 the county board of the county or the governing body of the 20 municipality in which the proposed site is located. The 21 request shall include (i) the substance of the applicant's 22 proposal and (ii) all documents, if any, submitted as of that 23 date to the Agency pertaining to the proposed facility, 24 except trade secrets as determined under Section 7.1 of this 25 Act. All such documents or other materials on file with the 26 county board or governing body of the municipality shall be 27 made available for public inspection at the office of the 28 county board or the governing body of the municipality and 29 may be copied upon payment of the actual cost of 30 reproduction. 31 Any person may file written comment with the county board 32 or governing body of the municipality concerning the 33 appropriateness of the proposed site for its intended 34 purpose. The county board or governing body of the SB496 Enrolled -8- LRB9102489LDpk 1 municipality shall consider any comment received or 2 postmarked not later than 30 days after the date of the last 3 public hearing. 4 (d) At least one public hearing is to be held by the 5 county board or governing body of the municipality no sooner 6 than 90 days but no later than 120 days from receipt of the 7 request for site approval. No later than 14 days prior to 8 such hearing notice shall be published in a newspaper of 9 general circulation published in the county of the proposed 10 site, and delivered by certified mail to all members of the 11 General Assembly from the district in which the proposed site 12 is located, to the governing authority of every municipality 13 contiguous to the proposed site or contiguous to the 14 municipality in which the proposed site is to be located, to 15 the county board of the county where the proposed site is to 16 be located, if the proposed site is located within the 17 boundaries of a municipality, and to the Agency. Members or 18 representatives of the governing authority of a municipality 19 contiguous to the proposed site or contiguous to the 20 municipality in which the proposed site is to be located 21 and, if the proposed site is located in a municipality, 22 members or representatives of the county board of a county in 23 which the proposed site is to be located may appear at and 24 participate in public hearings held pursuant to this Section. 25 The public hearing shall develop a record sufficient to form 26 the basis of appeal of the decision in accordance with 27 Section 40.1 of this Act. The fact that a member of the 28 county board or governing body of the municipality has 29 publicly expressed an opinion on an issue related to a site 30 review proceeding shall not preclude the member from taking 31 part in the proceeding and voting on the issue. 32 (e) Decisions of the county board or governing body of 33 the municipality are to be in writing, specifying the reasons 34 for the decision, such reasons to be in conformance with SB496 Enrolled -9- LRB9102489LDpk 1 subsection (a) of this Section. In granting approval for a 2 site the county board or governing body of the municipality 3 may impose such conditions as may be reasonable and necessary 4 to accomplish the purposes of this Section and as are not 5 inconsistent with regulations promulgated by the Board. Such 6 decision shall be available for public inspection at the 7 office of the county board or governing body of the 8 municipality and may be copied upon payment of the actual 9 cost of reproduction. If there is no final action by the 10 county board or governing body of the municipality within 180 11 days after the filing of the request for site approval the 12 applicant may deem the request approved. 13 At any time prior to completion by the applicant of the 14 presentation of the applicant's factual evidence and an 15 opportunity for cross-questioning by the county board or 16 governing body of the municipality and any participants, the 17 applicant may file not more than one amended application upon 18 payment of additional fees pursuant to subsection (k); in 19 which case the time limitation for final action set forth in 20 this subsection (e) shall be extended for an additional 21 period of 90 days. 22 If, prior to making a final local siting decision, a 23 county board or governing body of a municipality has 24 negotiated and entered into a host agreement with the local 25 siting applicant, the terms and conditions of the host 26 agreement, whether written or oral, shall be disclosed and 27 made a part of the hearing record for that local siting 28 proceeding. In the case of an oral agreement, the disclosure 29 shall be made in the form of a written summary jointly 30 prepared and submitted by the county board or governing body 31 of the municipality and the siting applicant and shall 32 describe the terms and conditions of the oral agreement. 33 (e-5) Siting approval obtained pursuant to this Section 34 is transferable and may be transferred to a subsequent owner SB496 Enrolled -10- LRB9102489LDpk 1 or operator. In the event that siting approval has been 2 transferred to a subsequent owner or operator, that 3 subsequent owner or operator assumes and takes subject to any 4 and all conditions imposed upon the prior owner or operator 5 by the county board of the county or governing body of the 6 municipality pursuant to subsection (e). However, any such 7 conditions imposed pursuant to this Section may be modified 8 by agreement between the subsequent owner or operator and the 9 appropriate county board or governing body. Further, in the 10 event that siting approval obtained pursuant to this Section 11 has been transferred to a subsequent owner or operator, that 12 subsequent owner or operator assumes all rights and 13 obligations and takes the facility subject to any and all 14 terms and conditions of any existing host agreement between 15 the prior owner or operator and the appropriate county board 16 or governing body. 17 (f) A local siting approval granted under this Section 18 shall expire at the end of 2 calendar years from the date 19 upon which it was granted, unless the local siting approval 20 granted under this Section is for a sanitary landfill 21 operation, in which case the approval shall expire at the end 22 of 3 calendar years from the date upon which it was granted, 23 and unless within that period the applicant has made 24 application to the Agency for a permit to develop the site. 25 In the event that the local siting decision has been 26 appealed, such expiration period shall be deemed to begin on 27 the date upon which the appeal process is concluded. 28 Except as otherwise provided in this subsection, upon the 29 expiration of a development permit under subsection (k) of 30 Section 39, any associated local siting approval granted for 31 the facility under this Section shall also expire. 32 If a first development permit for a municipal waste 33 incineration facility expires under subsection (k) of Section 34 39 after September 30, 1989 due to circumstances beyond the SB496 Enrolled -11- LRB9102489LDpk 1 control of the applicant, any associated local siting 2 approval granted for the facility under this Section may be 3 used to fulfill the local siting approval requirement upon 4 application for a second development permit for the same 5 site, provided that the proposal in the new application is 6 materially the same, with respect to the criteria in 7 subsection (a) of this Section, as the proposal that received 8 the original siting approval, and application for the second 9 development permit is made before January 1, 1990. 10 (g) The siting approval procedures, criteria and appeal 11 procedures provided for in this Act for new pollution control 12 facilities shall be the exclusive siting procedures and rules 13 and appeal procedures for facilities subject to such 14 procedures. Local zoning or other local land use requirements 15 shall not be applicable to such siting decisions. 16 (h) Nothing in this Section shall apply to any existing 17 or new pollution control facility located within the 18 corporate limits of a municipality with a population of over 19 1,000,000. 20 (i) The Department shall make a study of technical 21 considerations relating to the siting of new pollution 22 control facilities. Such study shall include, but need not be 23 limited to, a determination of the geologic and hydrologic 24 conditions in the State most suitable for the siting of such 25 facilities, the establishment of a data base on such 26 conditions in Illinois, and recommendations for the 27 establishment of technical guidelines and criteria to be used 28 in making such siting decisions. The Department shall report 29 such study and recommendations to the General Assembly, the 30 Governor, the Board and the public no later than October 1, 31 1984. 32 The Board shall adopt regulations establishing the 33 geologic and hydrologic siting criteria necessary to protect 34 usable groundwater resources which are to be followed by the SB496 Enrolled -12- LRB9102489LDpk 1 Agency in its review of permit applications for new pollution 2 control facilities. Such regulations, insofar as they apply 3 to new pollution control facilities authorized to store, 4 treat or dispose of any hazardous waste, shall be at least as 5 stringent as the requirements of the Resource Conservation 6 and Recovery Act and any State or federal regulations adopted 7 pursuant thereto. 8 (j) Any new pollution control facility which has never 9 obtained local siting approval under the provisions of this 10 Section shall be required to obtain such approval after a 11 final decision on an appeal of a permit denial. 12 (k) A county board or governing body of a municipality 13 may charge applicants for siting review under this Section a 14 reasonable fee to cover the reasonable and necessary costs 15 incurred by such county or municipality in the siting review 16 process. 17 (l) The governing Authority as determined by subsection 18 (c) of Section 39 of this Act may request the Department of 19 Transportation to perform traffic impact studies of proposed 20 or potential locations for required pollution control 21 facilities. 22 (m) An applicant may not file a request for local siting 23 approval which is substantially the same as a request which 24 was disapproved pursuant to a finding against the applicant 25 under any of criteria (i) through (ix) of subsection (a) of 26 this Section within the preceding 2 years. 27 (n) In any review proceeding of a decision of the county 28 board or governing body of a municipality made pursuant to 29 the local siting review process, the petitioner in the review 30 proceeding shall pay to the county or municipality the cost 31 of preparing and certifying the record of proceedings. 32 Should the petitioner in the review proceeding fail to make 33 payment, the provisions of Section 3-109 of the Code of Civil 34 Procedure shall apply. SB496 Enrolled -13- LRB9102489LDpk 1 In the event the petitioner is a citizens' group that 2 participated in the siting proceeding and is so located as to 3 be affected by the proposed facility, such petitioner shall 4 be exempt from paying the costs of preparing and certifying 5 the record. 6 (o) Notwithstanding any other provision of this Section, 7 a transfer station used exclusively for landscape waste, 8 where landscape waste is held no longer than 24 hours from 9 the time it was received, is not subject to the requirements 10 of local siting approval under this Section, but is subject 11 only to local zoning approval. 12 (Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96; 13 89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff. 14 8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655, 15 eff. 7-30-98.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.