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Public Act 91-0588
SB496 Enrolled LRB9102489LDpk
AN ACT to amend the Environmental Protection Act by
changing Sections 22.19a, 22.19b, and 39.2.
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 Sections 22.19a, 22.19b, and 39.2 as follows:
(415 ILCS 5/22.19a)
Sec. 22.19a. Floodplain.
(a) On and after January 1, 1998, no sanitary landfill
or waste disposal site that is a pollution control facility,
or any part of a sanitary landfill or waste disposal site
that is a pollution control facility, may be located within
the boundary of the 100-year floodplain.
(b) Subsection (a) shall not apply to the following:
(1) a sanitary landfill or waste disposal site
initially permitted for development or construction by
the Agency before August 19, the effective date of this
amendatory Act of 1997;
(2) a sanitary landfill or waste disposal site for
which local siting approval has been granted before
August 19, the effective date of this amendatory Act of
1997; or
(3) the area of expansion beyond the boundary of a
currently permitted sanitary landfill or waste disposal
site, provided that the area of expansion is, on August
19, the effective date of this amendatory Act of 1997,
owned by the owner or operator of the currently sited or
permitted sanitary landfill or waste site to which the
area of expansion is adjacent; or
(4) a sanitary landfill or waste disposal site that
is a pollution control facility that ceased accepting
waste on or before August 19, 1997 or any part of a
sanitary landfill or waste disposal site that is a
pollution control facility that ceased accepting waste on
or before August 19, 1997.
(Source: P.A. 90-503, eff. 8-19-97.)
(415 ILCS 5/22.19b)
Sec. 22.19b. Postclosure care requirements Financial
assurance rules.
(a) Not later than June 30, 1998, the Agency shall
propose rules For those sanitary landfills and waste disposal
sites located within the boundary of the 100-year floodplain
pursuant to paragraph (3) of subsection (b) of Section
22.19a, to address the risks posed by flooding to the
integrity of the sanitary landfill or waste disposal site,
the owner or operator of the sanitary landfill or waste
disposal site shall comply with the following financial
assurance requirements for that portion of the site permitted
for the disposal of solid waste within the boundary of the
100-year floodplain:.
(1) The owner or operator must include, in the
facility postclosure care plan and the postclosure care
cost estimate:
(A) the cost of inspecting, and anticipated
repairs to, all surface water drainage structures in
the area of the landfill or waste disposal site
permitted for the disposal of solid waste within the
boundary of the 100-year floodplain;
(B) the cost of repairing anticipated erosion
affecting both the final cover and vegetation in the
area of the landfill or waste disposal site
permitted for the disposal of solid waste within the
boundary of the 100-year floodplain below the
100-year flood elevation;
(C) the cost of inspecting the portion of the
site permitted for the disposal of solid waste
within the boundary of the 100-year floodplain a
minimum of once every 5 years; and
(D) the cost of monitoring the portion of the
landfill or waste disposal site permitted for the
disposal of solid waste within the boundary of the
100-year floodplain after a 100-year flood.
(2) The owner or operator must provide financial
assurance, using any of the financial assurance
mechanisms set forth in Title 35, Part 811, Subpart G of
the Illinois Administrative Code, as amended, to cover
the costs identified in subsection (a)(1) of this
Section;
(3) The owner or operator must base the portion of
the postclosure care cost estimate addressing the
activities prescribed in subsection (a)(1) of this
Section on a period of 100 years; and
(4) The owner or operator must submit the
information required under subsection (a)(1) of this
Section to the Agency as part of the facility's
application for a permit required to develop the area
pursuant to Title 35, Section 812.115 of the Illinois
Administrative Code, as amended, for non-hazardous waste
landfills or pursuant to Title 35, Section 724.218 of the
Illinois Administrative Code, as amended, for hazardous
waste landfills. The rules shall be limited to and
prescribe standards for financial assurance mechanisms
equivalent to the standards set forth in Title 35, Part
811, Subpart G of the Illinois Administrative Code, as
amended, to address the risks posed by flooding to the
integrity of a sanitary landfill or waste disposal site
located within the boundary of the 100-year floodplain.
The financial assurance mechanisms shall be for a period
of 100 years, beginning with the commencement of the
post-closure care period, and shall apply to the portion
of the facility located within the boundary of the
100-year floodplain and to the portion of the facility
located outside the boundary of the 100-year floodplain.
(b) Any sanitary landfill or waste disposal site owner
or operator subject to subsection (a) of this Section must
certify in the facility's application for permit renewal that
the postclosure care activities set forth in the postclosure
care plan to comply with this Section have been met and will
be performed. Not later than 6 months after the receipt of
the Agency's proposed rules, the Board shall adopt rules for
sanitary landfills and waste disposal sites located within
the boundary of the 100-year floodplain pursuant to
subsection (b) of Section 22.19a. The rules shall be limited
to, and prescribe standards for financial assurance
mechanisms equivalent to the standards set forth in Title 35,
Part 811, Subpart G of the Illinois Administrative Code, as
amended, to address the risks posed by flooding to the
integrity of a sanitary landfill or waste disposal site
located within the boundary of the 100-year floodplain. The
financial assurance mechanisms shall be for a period of 100
years, beginning with the commencement of the post-closure
care period, and shall apply to the portion of the facility
located within the boundary of the 100-year floodplain and to
the portion of the facility located outside the boundary of
the 100-year floodplain.
(c) Nothing in this Section shall be construed as
limiting the general authority of the Board to adopt rules
pursuant to Title VII of this Act.
(d) Notwithstanding any requirements of this Section,
the owner or operator of any landfill or waste disposal
facility located in a 100-year floodplain shall, upon receipt
of notification from the Agency, repair damage to that
facility caused by a 100-year flood.
(Source: P.A. 90-503, eff. 8-19-97.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body
of the municipality, as determined by paragraph (c) of
Section 39 of this Act, shall approve or disapprove the
request for local siting approval for each pollution control
facility which is subject to such review. An applicant for
local siting approval shall submit sufficient details
describing the proposed facility to demonstrate compliance,
and local siting approval shall be granted only if the
proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the
waste needs of the area it is intended to serve;
(ii) the facility is so designed, located and
proposed to be operated that the public health, safety
and welfare will be protected;
(iii) the facility is located so as to minimize
incompatibility with the character of the surrounding
area and to minimize the effect on the value of the
surrounding property;
(iv) (A) for a facility other than a sanitary
landfill or waste disposal site, the facility is located
outside the boundary of the 100 year flood plain or the
site is flood-proofed; (B) for a facility that is a
sanitary landfill or waste disposal site, the facility is
located outside the boundary of the 100-year floodplain,
or if the facility is a facility described in subsection
(b)(3) subsection (b) of Section 22.19a, the site is
flood-proofed;
(v) the plan of operations for the facility is
designed to minimize the danger to the surrounding area
from fire, spills, or other operational accidents;
(vi) the traffic patterns to or from the facility
are so designed as to minimize the impact on existing
traffic flows;
(vii) if the facility will be treating, storing or
disposing of hazardous waste, an emergency response plan
exists for the facility which includes notification,
containment and evacuation procedures to be used in case
of an accidental release;
(viii) if the facility is to be located in a county
where the county board has adopted a solid waste
management plan consistent with the planning requirements
of the Local Solid Waste Disposal Act or the Solid Waste
Planning and Recycling Act, the facility is consistent
with that plan; and
(ix) if the facility will be located within a
regulated recharge area, any applicable requirements
specified by the Board for such areas have been met.
The county board or the governing body of the
municipality may also consider as evidence the previous
operating experience and past record of convictions or
admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management
when considering criteria (ii) and (v) under this Section.
(b) No later than 14 days prior to a request for
location approval the applicant shall cause written notice of
such request to be served either in person or by registered
mail, return receipt requested, on the owners of all property
within the subject area not solely owned by the applicant,
and on the owners of all property within 250 feet in each
direction of the lot line of the subject property, said
owners being such persons or entities which appear from the
authentic tax records of the County in which such facility is
to be located; provided, that the number of all feet occupied
by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement;
provided further, that in no event shall this requirement
exceed 400 feet, including public streets, alleys and other
public ways.
Such written notice shall also be served upon members of
the General Assembly from the legislative district in which
the proposed facility is located and shall be published in a
newspaper of general circulation published in the county in
which the site is located.
Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a
description of the right of persons to comment on such
request as hereafter provided.
(c) An applicant shall file a copy of its request with
the county board of the county or the governing body of the
municipality in which the proposed site is located. The
request shall include (i) the substance of the applicant's
proposal and (ii) all documents, if any, submitted as of that
date to the Agency pertaining to the proposed facility,
except trade secrets as determined under Section 7.1 of this
Act. All such documents or other materials on file with the
county board or governing body of the municipality shall be
made available for public inspection 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.
Any person may file written comment with the county board
or governing body of the municipality concerning the
appropriateness of the proposed site for its intended
purpose. The county board or governing body of the
municipality shall consider any comment received or
postmarked not later than 30 days after the date of the last
public hearing.
(d) At least one public hearing is to be held by the
county board or governing body of the municipality no sooner
than 90 days but no later than 120 days from receipt of the
request for site approval. No later than 14 days prior to
such hearing notice shall be published in a newspaper of
general circulation published in the county of the proposed
site, and delivered by certified mail to all members of the
General Assembly from the district in which the proposed site
is located, to the governing authority of every municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located, to
the county board of the county where the proposed site is to
be located, if the proposed site is located within the
boundaries of a municipality, and to the Agency. Members or
representatives of the governing authority of a municipality
contiguous to the proposed site or contiguous to the
municipality in which the proposed site is to be located
and, if the proposed site is located in a municipality,
members or representatives of the county board of a county in
which the proposed site is to be located may appear at and
participate in public hearings held pursuant to this Section.
The public hearing shall develop a record sufficient to form
the basis of appeal of the decision in accordance with
Section 40.1 of this Act. The fact that a member of the
county board or governing body of the municipality has
publicly expressed an opinion on an issue related to a site
review proceeding shall not preclude the member from taking
part in the proceeding and voting on the issue.
(e) Decisions of the county board or governing body of
the municipality are to be in writing, specifying the reasons
for the decision, such reasons to be in conformance with
subsection (a) of this Section. In granting approval for a
site the county board or governing body of the municipality
may impose such conditions as may be reasonable and necessary
to accomplish the purposes of this Section and as are not
inconsistent with regulations promulgated by the Board. Such
decision shall be available for public inspection at the
office of the county board or governing body of the
municipality and may be copied upon payment of the actual
cost of reproduction. If there is no final action by the
county board or governing body of the municipality within 180
days after the filing of the request for site approval the
applicant may deem the request approved.
At any time prior to completion by the applicant of the
presentation of the applicant's factual evidence and an
opportunity for cross-questioning by the county board or
governing body of the municipality and any participants, the
applicant may file not more than one amended application upon
payment of additional fees pursuant to subsection (k); in
which case the time limitation for final action set forth in
this subsection (e) shall be extended for an additional
period of 90 days.
If, prior to making a final local siting decision, a
county board or governing body of a municipality has
negotiated and entered into a host agreement with the local
siting applicant, the terms and conditions of the host
agreement, whether written or oral, shall be disclosed and
made a part of the hearing record for that local siting
proceeding. In the case of an oral agreement, the disclosure
shall be made in the form of a written summary jointly
prepared and submitted by the county board or governing body
of the municipality and the siting applicant and shall
describe the terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section
is transferable and may be transferred to a subsequent owner
or operator. In the event that siting approval has been
transferred to a subsequent owner or operator, that
subsequent owner or operator assumes and takes subject to any
and all conditions imposed upon the prior owner or operator
by the county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified
by agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and
obligations and takes the facility subject to any and all
terms and conditions of any existing host agreement between
the prior owner or operator and the appropriate county board
or governing body.
(f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date
upon which it was granted, unless the local siting approval
granted under this Section is for a sanitary landfill
operation, in which case the approval shall expire at the end
of 3 calendar years from the date upon which it was granted,
and unless within that period the applicant has made
application to the Agency for a permit to develop the site.
In the event that the local siting decision has been
appealed, such expiration period shall be deemed to begin on
the date upon which the appeal process is concluded.
Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting
approval granted for the facility under this Section may be
used to fulfill the local siting approval requirement upon
application for a second development permit for the same
site, provided that the proposal in the new application is
materially the same, with respect to the criteria in
subsection (a) of this Section, as the proposal that received
the original siting approval, and application for the second
development permit is made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing
or new pollution control facility located within the
corporate limits of a municipality with a population of over
1,000,000.
(i) The Department shall make a study of technical
considerations relating to the siting of new pollution
control facilities. Such study shall include, but need not be
limited to, a determination of the geologic and hydrologic
conditions in the State most suitable for the siting of such
facilities, the establishment of a data base on such
conditions in Illinois, and recommendations for the
establishment of technical guidelines and criteria to be used
in making such siting decisions. The Department shall report
such study and recommendations to the General Assembly, the
Governor, the Board and the public no later than October 1,
1984.
The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply
to new pollution control facilities authorized to store,
treat or dispose of any hazardous waste, shall be at least as
stringent as the requirements of the Resource Conservation
and Recovery Act and any State or federal regulations adopted
pursuant thereto.
(j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a
final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality
may charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.
(l) The governing Authority as determined by subsection
(c) of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed
or potential locations for required pollution control
facilities.
(m) An applicant may not file a request for local siting
approval which is substantially the same as a request which
was disapproved pursuant to a finding against the applicant
under any of criteria (i) through (ix) of subsection (a) of
this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to
the local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost
of preparing and certifying the record of proceedings.
Should the petitioner in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall
be exempt from paying the costs of preparing and certifying
the record.
(o) Notwithstanding any other provision of this Section,
a transfer station used exclusively for landscape waste,
where landscape waste is held no longer than 24 hours from
the time it was received, is not subject to the requirements
of local siting approval under this Section, but is subject
only to local zoning approval.
(Source: P.A. 89-102, eff. 7-7-95; 89-200, eff. 1-1-96;
89-626, eff. 8-9-96; 90-217, eff. 1-1-98; 90-409, eff.
8-15-97; 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655,
eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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