Bill Amendment: IL SB0009 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COAL ASH POLLUTION PREVENTION
Status: 2019-07-30 - Public Act . . . . . . . . . 101-0171 [SB0009 Detail]
Download: Illinois-2019-SB0009-House_Amendment_001.html
Bill Title: COAL ASH POLLUTION PREVENTION
Status: 2019-07-30 - Public Act . . . . . . . . . 101-0171 [SB0009 Detail]
Download: Illinois-2019-SB0009-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 9
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2 | AMENDMENT NO. ______. Amend Senate Bill 9, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Environmental Protection Act is amended by | ||||||
6 | changing Sections 3.140, 21, 39, and 40 and by adding Sections | ||||||
7 | 3.142, 3.143, and 22.59 as follows:
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8 | (415 ILCS 5/3.140) (was 415 ILCS 5/3.76)
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9 | Sec. 3.140. Coal combustion waste. "Coal combustion waste"
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10 | means any CCR or any fly ash, bottom ash, slag, or flue gas or | ||||||
11 | fluid bed boiler
desulfurization by-products generated as a | ||||||
12 | result of the combustion of:
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13 | (1) coal, or
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14 | (2) coal in combination with: (i) fuel grade petroleum | ||||||
15 | coke, (ii) other
fossil fuel, or (iii) both fuel grade | ||||||
16 | petroleum coke and other fossil fuel, or
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1 | (3) coal (with or without: (i) fuel grade petroleum coke, | ||||||
2 | (ii) other
fossil fuel, or (iii) both fuel grade petroleum coke | ||||||
3 | and other fossil fuel)
in combination with no more than 20% of | ||||||
4 | tire derived fuel or wood or other
materials by weight of the | ||||||
5 | materials combusted; provided that the coal is
burned with | ||||||
6 | other materials, the Agency has made a written determination | ||||||
7 | that
the storage or disposal of the resultant wastes in | ||||||
8 | accordance with the
provisions of item (r) of Section 21 would | ||||||
9 | result in no environmental impact
greater than that of wastes | ||||||
10 | generated as a result of the combustion of coal
alone, and the | ||||||
11 | storage disposal of the resultant wastes would not violate
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12 | applicable federal law.
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13 | (Source: P.A. 92-574, eff. 6-26-02.)
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14 | (415 ILCS 5/3.142 new) | ||||||
15 | Sec. 3.142. Coal combustion residual; CCR. "Coal | ||||||
16 | combustion residual" or "CCR" means fly ash, bottom ash, boiler | ||||||
17 | slag, and flue gas desulfurization materials generated from | ||||||
18 | burning coal for the purpose of generating electricity by | ||||||
19 | electric utilities and independent power producers.
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20 | (415 ILCS 5/3.143 new) | ||||||
21 | Sec. 3.143. CCR surface impoundment. "CCR surface | ||||||
22 | impoundment" means a natural topographic depression, man-made | ||||||
23 | excavation, or diked area, which is designed to hold an | ||||||
24 | accumulation of CCR and liquids, and the unit treats, stores, |
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1 | or disposes of CCR.
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2 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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3 | Sec. 21. Prohibited acts. No person shall:
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4 | (a) Cause or allow the open dumping of any waste.
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5 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
6 | highways or
other public property, except in a sanitary | ||||||
7 | landfill approved by the
Agency pursuant to regulations adopted | ||||||
8 | by the Board.
| ||||||
9 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
10 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | ||||||
11 | the 76th General
Assembly.
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12 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
13 | waste-disposal
operation:
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14 | (1) without a permit granted by the Agency or in | ||||||
15 | violation of any
conditions imposed by such permit, | ||||||
16 | including periodic reports and full
access to adequate | ||||||
17 | records and the inspection of facilities, as may be
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18 | necessary to assure compliance with this Act and with | ||||||
19 | regulations and
standards adopted thereunder; provided, | ||||||
20 | however, that, except for municipal
solid waste landfill | ||||||
21 | units that receive waste on or after October 9, 1993, and | ||||||
22 | CCR surface impoundments,
no permit shall be
required for | ||||||
23 | (i) any person conducting a waste-storage, | ||||||
24 | waste-treatment, or
waste-disposal operation for wastes | ||||||
25 | generated by such person's own
activities which are stored, |
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1 | treated, or disposed within the site where
such wastes are | ||||||
2 | generated, or (ii)
a facility located in a county with a
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3 | population over 700,000 as of January 1, 2000, operated and | ||||||
4 | located in accordance with
Section 22.38 of this Act, and | ||||||
5 | used exclusively for the transfer, storage, or
treatment of | ||||||
6 | general construction or demolition debris, provided that | ||||||
7 | the facility was receiving construction or demolition | ||||||
8 | debris on the effective date of this amendatory Act of the | ||||||
9 | 96th General Assembly;
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10 | (2) in violation of any regulations or standards | ||||||
11 | adopted by the
Board under this Act; or
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12 | (3) which receives waste after August 31, 1988, does | ||||||
13 | not have a permit
issued by the Agency, and is (i) a | ||||||
14 | landfill used exclusively for the
disposal of waste | ||||||
15 | generated at the site, (ii) a surface impoundment
receiving | ||||||
16 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
17 | pile
in which the total volume of waste is greater than 100 | ||||||
18 | cubic yards or the
waste is stored for over one year, or | ||||||
19 | (iv) a land treatment facility
receiving special waste | ||||||
20 | generated at the site; without giving notice of the
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21 | operation to the Agency by January 1, 1989, or 30 days | ||||||
22 | after the date on
which the operation commences, whichever | ||||||
23 | is later, and every 3 years
thereafter. The form for such | ||||||
24 | notification shall be specified by the
Agency, and shall be | ||||||
25 | limited to information regarding: the name and address
of | ||||||
26 | the location of the operation; the type of operation; the |
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1 | types and
amounts of waste stored, treated or disposed of | ||||||
2 | on an annual basis; the
remaining capacity of the | ||||||
3 | operation; and the remaining expected life of
the | ||||||
4 | operation.
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5 | Item (3) of this subsection (d) shall not apply to any | ||||||
6 | person
engaged in agricultural activity who is disposing of a | ||||||
7 | substance that
constitutes solid waste, if the substance was | ||||||
8 | acquired for use by that
person on his own property, and the | ||||||
9 | substance is disposed of on his own
property in accordance with | ||||||
10 | regulations or standards adopted by the Board.
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11 | This subsection (d) shall not apply to hazardous waste.
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12 | (e) Dispose, treat, store or abandon any waste, or | ||||||
13 | transport any waste
into this State for disposal, treatment, | ||||||
14 | storage or abandonment, except at
a site or facility which | ||||||
15 | meets the requirements of this Act and of
regulations and | ||||||
16 | standards thereunder.
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17 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
18 | waste-treatment or
hazardous waste-disposal operation:
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19 | (1) without a RCRA permit for the site issued by the | ||||||
20 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
21 | in violation of any condition
imposed by such permit, | ||||||
22 | including periodic reports and full access to
adequate | ||||||
23 | records and the inspection of facilities, as may be | ||||||
24 | necessary to
assure compliance with this Act and with | ||||||
25 | regulations and standards adopted
thereunder; or
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26 | (2) in violation of any regulations or standards |
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1 | adopted by the Board
under this Act; or
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2 | (3) in violation of any RCRA permit filing requirement | ||||||
3 | established under
standards adopted by the Board under this | ||||||
4 | Act; or
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5 | (4) in violation of any order adopted by the Board | ||||||
6 | under this Act.
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7 | Notwithstanding the above, no RCRA permit shall be required | ||||||
8 | under this
subsection or subsection (d) of Section 39 of this | ||||||
9 | Act for any
person engaged in agricultural activity who is | ||||||
10 | disposing of a substance
which has been identified as a | ||||||
11 | hazardous waste, and which has been
designated by Board | ||||||
12 | regulations as being subject to this exception, if the
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13 | substance was acquired for use by that person on his own | ||||||
14 | property and the
substance is disposed of on his own property | ||||||
15 | in accordance with regulations
or standards adopted by the | ||||||
16 | Board.
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17 | (g) Conduct any hazardous waste-transportation operation:
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18 | (1) without registering with and obtaining a special | ||||||
19 | waste hauling permit from the Agency in
accordance with the | ||||||
20 | regulations adopted by the Board under this Act; or
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21 | (2) in violation of any regulations or standards | ||||||
22 | adopted by
the
Board under this Act.
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23 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
24 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
25 | violation of any regulations, standards
or permit requirements | ||||||
26 | adopted by the Board under this Act.
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1 | (i) Conduct any process or engage in any act which produces | ||||||
2 | hazardous
waste in violation of any regulations or standards | ||||||
3 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
4 | 22.4 of this Act.
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5 | (j) Conduct any special waste transportation operation in | ||||||
6 | violation
of any regulations, standards or permit requirements | ||||||
7 | adopted by the Board
under this Act. However, sludge from a | ||||||
8 | water or sewage treatment plant
owned and operated by a unit of | ||||||
9 | local government which (1) is subject to a
sludge management | ||||||
10 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
11 | and (2) has been tested and determined not to be a hazardous | ||||||
12 | waste
as required by applicable State and federal laws and | ||||||
13 | regulations, may be
transported in this State without a special | ||||||
14 | waste hauling permit, and the
preparation and carrying of a | ||||||
15 | manifest shall not be required for such
sludge under the rules | ||||||
16 | of the Pollution Control Board. The unit of local
government | ||||||
17 | which operates the treatment plant producing such sludge shall
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18 | file an annual report with the Agency identifying the volume of | ||||||
19 | such
sludge transported during the reporting period, the hauler | ||||||
20 | of the sludge,
and the disposal sites to which it was | ||||||
21 | transported. This subsection (j)
shall not apply to hazardous | ||||||
22 | waste.
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23 | (k) Fail or refuse to pay any fee imposed under this Act.
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24 | (l) Locate a hazardous waste disposal site above an active | ||||||
25 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
26 | active fault in
the earth's crust. In counties of population |
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1 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
2 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
3 | defined on June 30, 1978, of any municipality
without the | ||||||
4 | approval of the governing body of the municipality in an
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5 | official action; or (2) within 1000 feet of an existing private | ||||||
6 | well or
the existing source of a public water supply measured | ||||||
7 | from the boundary
of the actual active permitted site and | ||||||
8 | excluding existing private wells
on the property of the permit | ||||||
9 | applicant. The provisions of this
subsection do not apply to | ||||||
10 | publicly-owned sewage works or the disposal
or utilization of | ||||||
11 | sludge from publicly-owned sewage works.
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12 | (m) Transfer interest in any land which has been used as a
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13 | hazardous waste disposal site without written notification to | ||||||
14 | the Agency
of the transfer and to the transferee of the | ||||||
15 | conditions imposed by the Agency
upon its use under subsection | ||||||
16 | (g) of Section 39.
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17 | (n) Use any land which has been used as a hazardous waste
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18 | disposal site except in compliance with conditions imposed by | ||||||
19 | the Agency
under subsection (g) of Section 39.
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20 | (o) Conduct a sanitary landfill operation which is required | ||||||
21 | to have a
permit under subsection (d) of this Section, in a | ||||||
22 | manner which results in
any of the following conditions:
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23 | (1) refuse in standing or flowing waters;
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24 | (2) leachate flows entering waters of the State;
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25 | (3) leachate flows exiting the landfill confines (as | ||||||
26 | determined by the
boundaries established for the landfill |
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1 | by a permit issued by the Agency);
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2 | (4) open burning of refuse in violation of Section 9 of | ||||||
3 | this Act;
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4 | (5) uncovered refuse remaining from any previous | ||||||
5 | operating day or at the
conclusion of any operating day, | ||||||
6 | unless authorized by permit;
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7 | (6) failure to provide final cover within time limits | ||||||
8 | established by
Board regulations;
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9 | (7) acceptance of wastes without necessary permits;
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10 | (8) scavenging as defined by Board regulations;
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11 | (9) deposition of refuse in any unpermitted portion of | ||||||
12 | the landfill;
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13 | (10) acceptance of a special waste without a required | ||||||
14 | manifest;
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15 | (11) failure to submit reports required by permits or | ||||||
16 | Board regulations;
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17 | (12) failure to collect and contain litter from the | ||||||
18 | site by the end of
each operating day;
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19 | (13) failure to submit any cost estimate for the site | ||||||
20 | or any performance
bond or other security for the site as | ||||||
21 | required by this Act or Board rules.
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22 | The prohibitions specified in this subsection (o) shall be | ||||||
23 | enforceable by
the Agency either by administrative citation | ||||||
24 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
25 | Act. The specific prohibitions in this
subsection do not limit | ||||||
26 | the power of the Board to establish regulations
or standards |
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1 | applicable to sanitary landfills.
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2 | (p) In violation of subdivision (a) of this Section, cause | ||||||
3 | or allow the
open dumping of any waste in a manner which | ||||||
4 | results in any of the following
occurrences at the dump site:
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5 | (1) litter;
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6 | (2) scavenging;
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7 | (3) open burning;
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8 | (4) deposition of waste in standing or flowing waters;
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9 | (5) proliferation of disease vectors;
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10 | (6) standing or flowing liquid discharge from the dump | ||||||
11 | site;
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12 | (7) deposition of:
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13 | (i) general construction or demolition debris as | ||||||
14 | defined in Section
3.160(a) of this Act; or
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15 | (ii) clean construction or demolition debris as | ||||||
16 | defined in Section
3.160(b) of this Act.
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17 | The prohibitions specified in this subsection (p) shall be
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18 | enforceable by the Agency either by administrative citation | ||||||
19 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
20 | Act. The specific
prohibitions in this subsection do not limit | ||||||
21 | the power of the Board to
establish regulations or standards | ||||||
22 | applicable to open dumping.
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23 | (q) Conduct a landscape waste composting operation without | ||||||
24 | an Agency
permit, provided, however, that no permit shall be | ||||||
25 | required for any person:
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26 | (1) conducting a landscape waste composting operation |
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1 | for landscape
wastes generated by such person's own | ||||||
2 | activities which are stored, treated,
or disposed of within | ||||||
3 | the site where such wastes are generated; or
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4 | (1.5) conducting a landscape waste composting | ||||||
5 | operation that (i) has no more than 25 cubic yards of | ||||||
6 | landscape waste, composting additives, composting | ||||||
7 | material, or end-product compost on-site at any one time | ||||||
8 | and (ii) is not engaging in commercial activity; or | ||||||
9 | (2) applying landscape waste or composted landscape | ||||||
10 | waste at agronomic
rates; or
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11 | (2.5) operating a landscape waste composting facility | ||||||
12 | at a site having 10 or more occupied non-farm residences | ||||||
13 | within 1/2 mile of its boundaries, if the facility meets | ||||||
14 | all of the following criteria: | ||||||
15 | (A) the composting facility is operated by the | ||||||
16 | farmer on property on which the composting material is | ||||||
17 | utilized, and the composting facility
constitutes no | ||||||
18 | more than 2% of the site's total acreage; | ||||||
19 | (A-5) any composting additives that the composting | ||||||
20 | facility accepts and uses at the facility are necessary | ||||||
21 | to provide proper conditions for composting and do not | ||||||
22 | exceed 10% of the total composting material at the | ||||||
23 | facility at any one time; | ||||||
24 | (B) the property on which the composting facility | ||||||
25 | is located, and any associated property on which the | ||||||
26 | compost is used, is principally and diligently devoted |
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1 | to the production of agricultural crops and is not | ||||||
2 | owned, leased, or otherwise controlled by any waste | ||||||
3 | hauler or generator of nonagricultural compost | ||||||
4 | materials, and the operator of the composting facility | ||||||
5 | is not an employee, partner, shareholder, or in any way | ||||||
6 | connected with or controlled by any such waste hauler | ||||||
7 | or generator; | ||||||
8 | (C) all compost generated by the composting | ||||||
9 | facility is applied at agronomic rates and used as | ||||||
10 | mulch, fertilizer, or soil conditioner on land | ||||||
11 | actually farmed by the person operating the composting | ||||||
12 | facility, and the finished compost is not stored at the | ||||||
13 | composting site for a period longer than 18 months | ||||||
14 | prior to its application as mulch, fertilizer, or soil | ||||||
15 | conditioner; | ||||||
16 | (D) no fee is charged for the acceptance of | ||||||
17 | materials to be composted at the facility; and | ||||||
18 | (E) the owner or operator, by January 1, 2014 (or | ||||||
19 | the January 1
following commencement of operation, | ||||||
20 | whichever is later) and January 1 of
each year | ||||||
21 | thereafter, registers the site with the Agency, (ii) | ||||||
22 | reports to the Agency on the volume of composting | ||||||
23 | material received and used at the site; (iii) certifies | ||||||
24 | to the Agency that the site complies with the
| ||||||
25 | requirements set forth in subparagraphs (A), (A-5), | ||||||
26 | (B), (C), and (D) of this paragraph
(2.5); and (iv) |
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1 | certifies to the Agency that all composting material | ||||||
2 | was placed more than 200 feet from the nearest potable | ||||||
3 | water supply well, was placed outside the boundary of | ||||||
4 | the 10-year floodplain or on a part of the site that is | ||||||
5 | floodproofed, was placed at least 1/4 mile from the | ||||||
6 | nearest residence (other than a residence located on | ||||||
7 | the same property as the facility) or a lesser distance | ||||||
8 | from the nearest residence (other than a residence | ||||||
9 | located on the same property as the facility) if the | ||||||
10 | municipality in which the facility is located has by | ||||||
11 | ordinance approved a lesser distance than 1/4 mile, and | ||||||
12 | was placed more than 5 feet above the water table; any | ||||||
13 | ordinance approving a residential setback of less than | ||||||
14 | 1/4 mile that is used to meet the requirements of this | ||||||
15 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
16 | must specifically reference this paragraph; or | ||||||
17 | (3) operating a landscape waste composting facility on | ||||||
18 | a farm, if the
facility meets all of the following | ||||||
19 | criteria:
| ||||||
20 | (A) the composting facility is operated by the | ||||||
21 | farmer on property on
which the composting material is | ||||||
22 | utilized, and the composting facility
constitutes no | ||||||
23 | more than 2% of the property's total acreage, except | ||||||
24 | that
the Board may allow a higher percentage for | ||||||
25 | individual sites where the owner
or operator has | ||||||
26 | demonstrated to the Board that the site's soil
|
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1 | characteristics or crop needs require a higher rate;
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2 | (A-1) the composting facility accepts from other | ||||||
3 | agricultural operations for composting with landscape | ||||||
4 | waste no materials other than uncontaminated and | ||||||
5 | source-separated (i) crop residue and other | ||||||
6 | agricultural plant residue generated from the | ||||||
7 | production and harvesting of crops and other customary | ||||||
8 | farm practices, including, but not limited to, stalks, | ||||||
9 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
10 | plant-derived animal bedding, such as straw or | ||||||
11 | sawdust, that is free of manure and was not made from | ||||||
12 | painted or treated wood; | ||||||
13 | (A-2) any composting additives that the composting | ||||||
14 | facility accepts and uses at the facility are necessary | ||||||
15 | to provide proper conditions for composting and do not | ||||||
16 | exceed 10% of the total composting material at the | ||||||
17 | facility at any one time; | ||||||
18 | (B) the property on which the composting facility | ||||||
19 | is located, and any
associated property on which the | ||||||
20 | compost is used, is principally and
diligently devoted | ||||||
21 | to the production of agricultural crops and
is not | ||||||
22 | owned, leased or otherwise controlled by any waste | ||||||
23 | hauler
or generator of nonagricultural compost | ||||||
24 | materials, and the operator of the
composting facility | ||||||
25 | is not an employee, partner, shareholder, or in any way
| ||||||
26 | connected with or controlled by any such waste hauler |
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| |||||||
1 | or generator;
| ||||||
2 | (C) all compost generated by the composting | ||||||
3 | facility is applied at
agronomic rates and used as | ||||||
4 | mulch, fertilizer or soil conditioner on land
actually | ||||||
5 | farmed by the person operating the composting | ||||||
6 | facility, and the
finished compost is not stored at the | ||||||
7 | composting site for a period longer
than 18 months | ||||||
8 | prior to its application as mulch, fertilizer, or soil | ||||||
9 | conditioner;
| ||||||
10 | (D) the owner or operator, by January 1 of
each | ||||||
11 | year, (i) registers the site with the Agency, (ii) | ||||||
12 | reports
to the Agency on the volume of composting | ||||||
13 | material received and used at the
site, (iii) certifies | ||||||
14 | to the Agency that the site complies with the
| ||||||
15 | requirements set forth in subparagraphs (A), (A-1), | ||||||
16 | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | ||||||
17 | certifies to the Agency that all composting material: | ||||||
18 | (I) was
placed more than 200 feet from the | ||||||
19 | nearest potable water supply well; | ||||||
20 | (II) was
placed outside the boundary of the | ||||||
21 | 10-year floodplain or on a part of the
site that is | ||||||
22 | floodproofed; | ||||||
23 | (III) was placed either (aa) at least 1/4 mile | ||||||
24 | from the nearest
residence (other than a residence | ||||||
25 | located on the same property as the
facility) and | ||||||
26 | there are not more than 10 occupied non-farm |
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| |||||||
1 | residences
within 1/2 mile of the boundaries of the | ||||||
2 | site on the date of application or (bb) a lesser | ||||||
3 | distance from the nearest residence (other than a | ||||||
4 | residence located on the same property as the | ||||||
5 | facility) provided that the municipality or county | ||||||
6 | in which the facility is located has by ordinance | ||||||
7 | approved a lesser distance than 1/4 mile and there | ||||||
8 | are not more than 10 occupied non-farm residences
| ||||||
9 | within 1/2 mile of the boundaries of the site on | ||||||
10 | the date of application;
and | ||||||
11 | (IV) was placed more than 5 feet above the | ||||||
12 | water table. | ||||||
13 | Any ordinance approving a residential setback of | ||||||
14 | less than 1/4 mile that is used to meet the | ||||||
15 | requirements of this subparagraph (D) must | ||||||
16 | specifically reference this subparagraph.
| ||||||
17 | For the purposes of this subsection (q), "agronomic rates" | ||||||
18 | means the
application of not more than 20 tons per acre per | ||||||
19 | year, except that the
Board may allow a higher rate for | ||||||
20 | individual sites where the owner or
operator has demonstrated | ||||||
21 | to the Board that the site's soil
characteristics or crop needs | ||||||
22 | require a higher rate.
| ||||||
23 | (r) Cause or allow the storage or disposal of coal | ||||||
24 | combustion
waste unless:
| ||||||
25 | (1) such waste is stored or disposed of at a site or
| ||||||
26 | facility for which
a permit has been obtained or is not |
| |||||||
| |||||||
1 | otherwise required under subsection
(d) of this Section; or
| ||||||
2 | (2) such waste is stored or disposed of as a part of
| ||||||
3 | the design and
reclamation of a site or facility which is | ||||||
4 | an abandoned mine site in
accordance with the Abandoned | ||||||
5 | Mined Lands and Water Reclamation Act; or
| ||||||
6 | (3) such waste is stored or disposed of at a site or
| ||||||
7 | facility which is
operating under NPDES and Subtitle D | ||||||
8 | permits issued by the Agency pursuant
to regulations | ||||||
9 | adopted by the Board for mine-related water pollution and
| ||||||
10 | permits issued pursuant to the Federal Surface Mining | ||||||
11 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | ||||||
12 | rules and regulations
thereunder or any law or rule or | ||||||
13 | regulation adopted by the State of
Illinois pursuant | ||||||
14 | thereto, and the owner or operator of the facility agrees
| ||||||
15 | to accept the waste; and either
| ||||||
16 | (i) such waste is stored or disposed of in | ||||||
17 | accordance
with requirements
applicable to refuse | ||||||
18 | disposal under regulations adopted by the Board for
| ||||||
19 | mine-related water pollution and pursuant to NPDES and | ||||||
20 | Subtitle D permits
issued by the Agency under such | ||||||
21 | regulations; or
| ||||||
22 | (ii) the owner or operator of the facility | ||||||
23 | demonstrates all of the
following to the Agency, and | ||||||
24 | the facility is operated in accordance with
the | ||||||
25 | demonstration as approved by the Agency: (1) the | ||||||
26 | disposal area will be
covered in a manner that will |
| |||||||
| |||||||
1 | support continuous vegetation, (2) the
facility will | ||||||
2 | be adequately protected from wind and water erosion, | ||||||
3 | (3) the
pH will be maintained so as to prevent | ||||||
4 | excessive leaching of metal ions,
and (4) adequate | ||||||
5 | containment or other measures will be provided to | ||||||
6 | protect
surface water and groundwater from | ||||||
7 | contamination at levels prohibited by
this Act, the | ||||||
8 | Illinois Groundwater Protection Act, or regulations | ||||||
9 | adopted
pursuant thereto.
| ||||||
10 | Notwithstanding any other provision of this Title, the | ||||||
11 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
12 | of this
subdivision (r) shall
be exempt from the other | ||||||
13 | provisions of this Title V, and notwithstanding
the provisions | ||||||
14 | of Title X of this Act, the Agency is authorized to grant
| ||||||
15 | experimental permits which include provision for the disposal | ||||||
16 | of
wastes from the combustion of coal and other materials | ||||||
17 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
18 | (s) After April 1, 1989, offer for transportation, | ||||||
19 | transport, deliver,
receive or accept special waste for which a | ||||||
20 | manifest is required, unless
the manifest indicates that the | ||||||
21 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
22 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
23 | waste landfill
unit on or after October 9, 1993, without a | ||||||
24 | permit modification, granted by the
Agency, that authorizes the | ||||||
25 | lateral expansion.
| ||||||
26 | (u) Conduct any vegetable by-product treatment, storage, |
| |||||||
| |||||||
1 | disposal or
transportation operation in violation of any | ||||||
2 | regulation, standards or permit
requirements adopted by the | ||||||
3 | Board under this Act. However, no permit shall be
required | ||||||
4 | under this Title V for the land application of vegetable | ||||||
5 | by-products
conducted pursuant to Agency permit issued under | ||||||
6 | Title III of this Act to
the generator of the vegetable | ||||||
7 | by-products. In addition, vegetable by-products
may be | ||||||
8 | transported in this State without a special waste hauling | ||||||
9 | permit, and
without the preparation and carrying of a manifest.
| ||||||
10 | (v) (Blank).
| ||||||
11 | (w) Conduct any generation, transportation, or recycling | ||||||
12 | of construction or
demolition debris, clean or general, or | ||||||
13 | uncontaminated soil generated during
construction, remodeling, | ||||||
14 | repair, and demolition of utilities, structures, and
roads that | ||||||
15 | is not commingled with any waste, without the maintenance of
| ||||||
16 | documentation identifying the hauler, generator, place of | ||||||
17 | origin of the debris
or soil, the weight or volume of the | ||||||
18 | debris or soil, and the location, owner,
and operator of the | ||||||
19 | facility where the debris or soil was transferred,
disposed, | ||||||
20 | recycled, or treated. This documentation must be maintained by | ||||||
21 | the
generator, transporter, or recycler for 3 years.
This | ||||||
22 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
23 | control
facility that transfers or accepts construction or | ||||||
24 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
25 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
26 | (as that term is defined in the Public
Utilities Act) or a |
| |||||||
| |||||||
1 | municipal utility, (3) the Illinois Department of
| ||||||
2 | Transportation, or (4) a municipality or a county highway | ||||||
3 | department, with
the exception of any municipality or county | ||||||
4 | highway department located within a
county having a population | ||||||
5 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
6 | contiguous to a county having a population of over 3,000,000 | ||||||
7 | inhabitants;
but it shall apply to an entity that contracts | ||||||
8 | with a public utility, a
municipal utility, the Illinois | ||||||
9 | Department of Transportation, or a
municipality or a county | ||||||
10 | highway department.
The terms
"generation" and "recycling" as
| ||||||
11 | used in this subsection do not
apply to clean construction or | ||||||
12 | demolition debris
when (i) used as fill material below grade | ||||||
13 | outside of a setback zone
if covered by sufficient | ||||||
14 | uncontaminated soil to support vegetation within 30
days of the | ||||||
15 | completion of filling or if covered by a road or structure, | ||||||
16 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
17 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
18 | concrete is used as aggregate in construction of the
shoulder | ||||||
19 | of a roadway. The terms "generation" and "recycling", as used | ||||||
20 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
21 | not commingled with any waste when (i) used as fill material | ||||||
22 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
23 | generation.
| ||||||
24 | (Source: P.A. 100-103, eff. 8-11-17.)
| ||||||
25 | (415 ILCS 5/22.59 new) |
| |||||||
| |||||||
1 | Sec. 22.59. CCR surface impoundments. | ||||||
2 | (a) The General Assembly finds that: | ||||||
3 | (1) the State of Illinois has a long-standing policy to | ||||||
4 | restore, protect, and enhance the environment, including | ||||||
5 | the purity of the air, land, and waters, including | ||||||
6 | groundwaters, of this State; | ||||||
7 | (2) a clean environment is essential to the growth and | ||||||
8 | well-being of this State; | ||||||
9 | (3) CCR generated by the electric generating industry | ||||||
10 | has caused groundwater contamination and other forms of | ||||||
11 | pollution at active and inactive plants throughout this | ||||||
12 | State; | ||||||
13 | (4) environmental laws should be supplemented to | ||||||
14 | ensure consistent, responsible regulation of all existing | ||||||
15 | CCR surface impoundments; and | ||||||
16 | (5) meaningful participation of State residents, | ||||||
17 | especially vulnerable populations who may be affected by | ||||||
18 | regulatory actions, is critical to ensure that | ||||||
19 | environmental justice considerations are incorporated in | ||||||
20 | the development of, decision-making related to, and | ||||||
21 | implementation of environmental laws and rulemaking that | ||||||
22 | protects and improves the well-being of communities in this | ||||||
23 | State that bear disproportionate burdens imposed by | ||||||
24 | environmental pollution. | ||||||
25 | Therefore, the purpose of this Section is to promote a | ||||||
26 | healthful environment, including clean water, air, and land, |
| |||||||
| |||||||
1 | meaningful public involvement, and the responsible disposal | ||||||
2 | and storage of coal combustion residuals, so as to protect | ||||||
3 | public health and to prevent pollution of the environment of | ||||||
4 | this State. | ||||||
5 | The provisions of this Section shall be liberally construed | ||||||
6 | to carry out the purposes of this Section. | ||||||
7 | (b) No person shall: | ||||||
8 | (1) cause or allow the discharge of any contaminants | ||||||
9 | from a CCR surface impoundment into the environment so as | ||||||
10 | to cause a violation of this Section or any regulations or | ||||||
11 | standards adopted by the Board under this Section, either | ||||||
12 | alone or in combination with contaminants from other | ||||||
13 | sources; | ||||||
14 | (2) construct, install, modify, operate, or close any | ||||||
15 | CCR surface impoundment without a permit granted by the | ||||||
16 | Agency, or so as to violate any conditions imposed by such | ||||||
17 | permit, any provision of this Section or any regulations or | ||||||
18 | standards adopted by the Board under this Section; or | ||||||
19 | (3) cause or allow the discharge, deposit, injection, | ||||||
20 | dumping, spilling, leaking, or placing of any CCR upon the | ||||||
21 | land in a place and manner so as to cause or tend to cause a | ||||||
22 | violation this Section or any regulations or standards | ||||||
23 | adopted by the Board under this Section. | ||||||
24 | (c) For purposes of this Section, a permit issued by the | ||||||
25 | Administrator of the United States Environmental Protection | ||||||
26 | Agency under Section 4005 of the federal Resource Conservation |
| |||||||
| |||||||
1 | and Recovery Act, shall be deemed to be a permit under this | ||||||
2 | Section and subsection (y) of Section 39. | ||||||
3 | (d) Before commencing closure of a CCR surface impoundment, | ||||||
4 | in accordance with Board rules, the owner of a CCR surface | ||||||
5 | impoundment must submit to the Agency for approval a closure | ||||||
6 | alternatives analysis that analyzes all closure methods being | ||||||
7 | considered and that otherwise satisfies all closure | ||||||
8 | requirements adopted by the Board under this Act. Complete | ||||||
9 | removal of CCR, as specified by the Board's rules, from the CCR | ||||||
10 | surface impoundment must be considered and analyzed. Section | ||||||
11 | 3.405 does not apply to the Board's rules specifying complete | ||||||
12 | removal of CCR. The selected closure method must ensure | ||||||
13 | compliance with regulations adopted by the Board pursuant to | ||||||
14 | this Section. | ||||||
15 | (e) Owners or operators of CCR surface impoundments who | ||||||
16 | have submitted a closure plan to the Agency before May 1, 2019, | ||||||
17 | and who have completed closure prior to 24 months after the | ||||||
18 | effective date of this amendatory Act of the 101st General | ||||||
19 | Assembly shall not be required to obtain a construction permit | ||||||
20 | for the surface impoundment closure under this Section. | ||||||
21 | (f) Except for the State, its agencies and institutions, a | ||||||
22 | unit of local government, or not-for-profit electric | ||||||
23 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
24 | Act, any person who owns or operates a CCR surface impoundment | ||||||
25 | in this State shall post with the Agency a performance bond or | ||||||
26 | other security for the purpose of: (i) ensuring closure of the |
| |||||||
| |||||||
1 | CCR surface impoundment and post-closure care in accordance | ||||||
2 | with this Act and its rules; and (ii) insuring remediation of | ||||||
3 | releases from the CCR surface impoundment. The only acceptable | ||||||
4 | forms of financial assurance are, either individually or in | ||||||
5 | combination, the following: a trust fund; a surety bond | ||||||
6 | guaranteeing payment; a surety bond guaranteeing performance; | ||||||
7 | an irrevocable letter of credit; or a combination of insurance | ||||||
8 | with a previously listed acceptable form of financial assurance | ||||||
9 | that must ensure insurance policy premiums are paid for the | ||||||
10 | term of the insurance policy. | ||||||
11 | (1) The cost estimate for the post-closure care of a | ||||||
12 | CCR surface impoundment shall be calculated using a 30-year | ||||||
13 | post-closure care period or such longer period as may be | ||||||
14 | approved by the Agency under Board or federal rules. | ||||||
15 | (2) The Agency is authorized to enter into such | ||||||
16 | contracts and agreements as it may deem necessary to carry | ||||||
17 | out the purposes of this Section. Neither the State, nor | ||||||
18 | the Director, nor any State employee shall be liable for | ||||||
19 | any damages or injuries arising out of or resulting from | ||||||
20 | any action taken under this Section. | ||||||
21 | (3) The Agency shall have the authority to approve or | ||||||
22 | disapprove any performance bond or other security posted | ||||||
23 | under this subsection. Any person whose performance bond or | ||||||
24 | other security is disapproved by the Agency may contest the | ||||||
25 | disapproval as a permit denial appeal pursuant to Section | ||||||
26 | 40. |
| |||||||
| |||||||
1 | (4) Insurance as a financial assurance shall be allowed | ||||||
2 | by the Agency if the owner or operator provides the Agency | ||||||
3 | with a copy of a signed national or local labor agreement | ||||||
4 | with a bona fide labor organization representing multiple | ||||||
5 | construction trades with geographic jurisdiction over the | ||||||
6 | area in which the CCR surface impoundment is located and | ||||||
7 | that pertain to the construction related to a CCR surface | ||||||
8 | impoundment, the closure of the CCR surface impoundment, | ||||||
9 | and any construction, maintenance, or remediation of the | ||||||
10 | CCR surface impoundment required during post-closure care. | ||||||
11 | The insurance must also meet the following criteria: | ||||||
12 | (A) The face value amount of policy shall be at | ||||||
13 | least equal to: | ||||||
14 | (i) the cost estimate for closure, if used as | ||||||
15 | financial assurance for closure; | ||||||
16 | (ii) the cost estimate for post-closure, if | ||||||
17 | used as financial assurance for post-closure; and | ||||||
18 | (iii) the cost estimate for remediation of | ||||||
19 | releases, if used as financial assurance for | ||||||
20 | remediation of releases. | ||||||
21 | (B) The face value of the policy shall be updated | ||||||
22 | within 90 days after a revised cost estimate and cost | ||||||
23 | estimates shall be updated at least annually and upon | ||||||
24 | request by the Agency. | ||||||
25 | (C) The policy shall guarantee that: | ||||||
26 | (i) funds will be available without delay to |
| |||||||
| |||||||
1 | close, if used as financial assurance for closure; | ||||||
2 | (ii) funds will be available without delay to | ||||||
3 | perform any required post-closure care, if used as | ||||||
4 | financial assurance for post-closure; and | ||||||
5 | (iii) funds will be available without delay | ||||||
6 | for remediation of releases, if used as financial | ||||||
7 | assurance for remediation of releases. | ||||||
8 | (D) For insurance used as financial assurance for | ||||||
9 | closure, the policy shall guarantee that once closure | ||||||
10 | begins the insurer will be responsible for payout of | ||||||
11 | funds up to an amount equal to the face amount of the | ||||||
12 | policy, upon the direction of the Agency, to the party | ||||||
13 | or parties the Agency specifies. | ||||||
14 | (E) The policy must not be terminated, canceled, or | ||||||
15 | suspended for any reason other than failure to pay a | ||||||
16 | premium. | ||||||
17 | (F) If nonpayment of premiums risks terminating, | ||||||
18 | cancelling, or suspending the policy, the insurer | ||||||
19 | shall provide notice by certified mail to the owner or | ||||||
20 | operator and the Agency, and termination, | ||||||
21 | cancellation, or suspension shall not occur within 120 | ||||||
22 | days after the date of receipt of the notice by the | ||||||
23 | owner or operator and the Agency, as evidenced by | ||||||
24 | return receipts. | ||||||
25 | (G) If nonpayment of premiums risk terminating, | ||||||
26 | cancelling, or suspending the policy, and after notice |
| |||||||
| |||||||
1 | has been provided under subparagraph (F), within 120 | ||||||
2 | days of receiving that notice the owner or operator | ||||||
3 | shall acquire an acceptable substitute form of | ||||||
4 | financial assurance at least equal to the face value of | ||||||
5 | the policy. | ||||||
6 | (H) The policy shall automatically renew and | ||||||
7 | automatic renewal of the policy shall provide the | ||||||
8 | insured with the option of renewal at face value of the | ||||||
9 | expiring policy. | ||||||
10 | (I) The insurer shall be licensed to conduct | ||||||
11 | business in Illinois and have at least an "A-" rating, | ||||||
12 | or its equivalent, from a recognized rating agency. | ||||||
13 | (J) The policy shall contain a provision allowing | ||||||
14 | assignment of the policy to a successor owner or | ||||||
15 | operator. | ||||||
16 | Failure to pay the premium, without substitution of | ||||||
17 | alternative financial assurance at least equal to face | ||||||
18 | value of policy within the time period specified in | ||||||
19 | subparagraph (F), shall constitute a violation of this Act. | ||||||
20 | (g) The Board shall adopt rules establishing construction | ||||||
21 | permit requirements, operating permit requirements, design | ||||||
22 | standards, reporting, financial assurance, and closure and | ||||||
23 | post-closure care requirements for CCR surface impoundments. | ||||||
24 | Not later than 8 months after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly the Agency shall | ||||||
26 | propose, and not later than one year after receipt of the |
| |||||||
| |||||||
1 | Agency's proposal the Board shall adopt, rules under this | ||||||
2 | Section. The rules must, at a minimum: | ||||||
3 | (1) be at least as protective and comprehensive as the | ||||||
4 | federal regulations or amendments thereto promulgated by | ||||||
5 | the Administrator of the United States Environmental | ||||||
6 | Protection Agency in Subpart D of 40 CFR 257 governing CCR | ||||||
7 | surface impoundments; | ||||||
8 | (2) specify the minimum contents of CCR surface | ||||||
9 | impoundment construction and operating permit | ||||||
10 | applications, including the closure alternatives analysis | ||||||
11 | required under subsection (d); | ||||||
12 | (3) specify which types of permits include | ||||||
13 | requirements for closure, post-closure, remediation and | ||||||
14 | all other requirements applicable to CCR surface | ||||||
15 | impoundments; | ||||||
16 | (4) specify when permit applications for existing CCR | ||||||
17 | surface impoundments must be submitted, taking into | ||||||
18 | consideration whether the CCR surface impoundment must | ||||||
19 | close under the RCRA; | ||||||
20 | (5) specify standards for review and approval by the | ||||||
21 | Agency of CCR surface impoundment permit applications; | ||||||
22 | (6) specify meaningful public participation procedures | ||||||
23 | for the issuance of CCR surface impoundment construction | ||||||
24 | and operating permits, including, but not limited to, | ||||||
25 | public notice of the submission of permit applications, an | ||||||
26 | opportunity for the submission of public comments, an |
| |||||||
| |||||||
1 | opportunity for a public hearing prior to permit issuance, | ||||||
2 | and a summary and response of the comments prepared by the | ||||||
3 | Agency; | ||||||
4 | (7) prescribe the type and amount of the performance | ||||||
5 | bonds or other securities required under subsection (f), | ||||||
6 | and the conditions under which the State is entitled to | ||||||
7 | collect moneys from such performance bonds or other | ||||||
8 | securities; | ||||||
9 | (8) specify requirements of financial assurances under | ||||||
10 | paragraph (4) of subsection (f); | ||||||
11 | (9) govern insurance used for financial assurance to | ||||||
12 | ensure funds are available to pay premiums for the entirety | ||||||
13 | of the term of the insurance policy under paragraph (4) of | ||||||
14 | subsection (f); | ||||||
15 | (10) specify a procedure to identify areas of | ||||||
16 | environmental justice concern in relation to CCR surface | ||||||
17 | impoundments; | ||||||
18 | (11) specify a method to prioritize CCR surface | ||||||
19 | impoundments required to close under RCRA if not otherwise | ||||||
20 | specified by the United States Environmental Protection | ||||||
21 | Agency, so that the CCR surface impoundments with the | ||||||
22 | highest risk to public health and the environment, and | ||||||
23 | areas of environmental justice concern are given first | ||||||
24 | priority; | ||||||
25 | (12) define when complete removal of CCR is achieved | ||||||
26 | and specify the standards for responsible removal of CCR |
| |||||||
| |||||||
1 | from CCR surface impoundments, including, but not limited | ||||||
2 | to, dust controls and the protection of adjacent surface | ||||||
3 | water and groundwater; and | ||||||
4 | (13) describe the process and standards for | ||||||
5 | identifying a specific alternative source of groundwater | ||||||
6 | pollution when the owner or operator of the CCR surface | ||||||
7 | impoundment believes that groundwater contamination on the | ||||||
8 | site is not from the CCR surface impoundment. | ||||||
9 | (h) Any owner of a CCR surface impoundment that generates | ||||||
10 | CCR and sells or otherwise provides coal combustion byproducts | ||||||
11 | pursuant to Section 3.135 shall, every 12 months, post on its | ||||||
12 | publicly available website a report specifying the volume or | ||||||
13 | weight of CCR, in cubic yards or tons, that it sold or provided | ||||||
14 | during the past 12 months. | ||||||
15 | (i) The owner of a CCR surface impoundment shall post all | ||||||
16 | closure plans, permit applications, and supporting | ||||||
17 | documentation, as well as any Agency approval of the plans or | ||||||
18 | applications on its publicly available website. | ||||||
19 | (j) The owner or operator of a CCR surface impoundment | ||||||
20 | shall pay the following fees: | ||||||
21 | (1) An initial fee to the Agency within 6 months after | ||||||
22 | the effective date of this amendatory Act of the 101st | ||||||
23 | General Assembly of: | ||||||
24 | $50,000 for each closed CCR surface impoundment; | ||||||
25 | and | ||||||
26 | $75,000 for each CCR surface impoundment that has |
| |||||||
| |||||||
1 | not completed closure. | ||||||
2 | (2) Annual fees to the Agency, beginning on July 1, | ||||||
3 | 2020, of: | ||||||
4 | $25,000 for each CCR surface impoundment that has | ||||||
5 | not completed closure; and | ||||||
6 | $15,000 for each CCR surface impoundment that has | ||||||
7 | completed closure, but has not completed post-closure | ||||||
8 | care. | ||||||
9 | (k) All fees collected by the Agency under subsection (j) | ||||||
10 | shall be deposited into the Environmental Protection Permit and | ||||||
11 | Inspection Fund. | ||||||
12 | (l) The Coal Combustion Residual Surface Impoundment | ||||||
13 | Financial Assurance Fund is created as a special fund in the | ||||||
14 | State treasury. Any moneys forfeited to the State of Illinois | ||||||
15 | from any performance bond or other security required under this | ||||||
16 | Section shall be placed in the Coal Combustion Residual Surface | ||||||
17 | Impoundment Financial Assurance Fund and shall, upon approval | ||||||
18 | by the Governor and the Director, be used by the Agency for the | ||||||
19 | purposes for which such performance bond or other security was | ||||||
20 | issued. The Coal Combustion Residual Surface Impoundment | ||||||
21 | Financial Assurance Fund is not subject to the provisions of | ||||||
22 | subsection (c) of Section 5 of the State Finance Act. | ||||||
23 | (m) The provisions of this Section shall apply, without | ||||||
24 | limitation, to all existing CCR surface impoundments and any | ||||||
25 | CCR surface impoundments constructed after the effective date | ||||||
26 | of this amendatory Act of the 101st General Assembly, except to |
| |||||||
| |||||||
1 | the extent prohibited by the Illinois or United States | ||||||
2 | Constitutions.
| ||||||
3 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
4 | Sec. 39. Issuance of permits; procedures.
| ||||||
5 | (a) When the Board has by regulation required a permit for
| ||||||
6 | the construction, installation, or operation of any type of | ||||||
7 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
8 | applicant shall apply to
the Agency for such permit and it | ||||||
9 | shall be the duty of the Agency to
issue such a permit upon | ||||||
10 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
11 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
12 | of regulations hereunder. The Agency shall adopt such
| ||||||
13 | procedures as are necessary to carry out its duties under this | ||||||
14 | Section.
In making its determinations on permit applications | ||||||
15 | under this Section the Agency may consider prior adjudications | ||||||
16 | of
noncompliance with this Act by the applicant that involved a | ||||||
17 | release of a
contaminant into the environment. In granting | ||||||
18 | permits, the Agency
may impose reasonable conditions | ||||||
19 | specifically related to the applicant's past
compliance | ||||||
20 | history with this Act as necessary to correct, detect, or
| ||||||
21 | prevent noncompliance. The Agency may impose such other | ||||||
22 | conditions
as may be necessary to accomplish the purposes of | ||||||
23 | this Act, and as are not
inconsistent with the regulations | ||||||
24 | promulgated by the Board hereunder. Except as
otherwise | ||||||
25 | provided in this Act, a bond or other security shall not be |
| |||||||
| |||||||
1 | required
as a condition for the issuance of a permit. If the | ||||||
2 | Agency denies any permit
under this Section, the Agency shall | ||||||
3 | transmit to the applicant within the time
limitations of this | ||||||
4 | Section specific, detailed statements as to the reasons the
| ||||||
5 | permit application was denied. Such statements shall include, | ||||||
6 | but not be
limited to the following:
| ||||||
7 | (i) the Sections of this Act which may be violated if | ||||||
8 | the permit
were granted;
| ||||||
9 | (ii) the provision of the regulations, promulgated | ||||||
10 | under this Act,
which may be violated if the permit were | ||||||
11 | granted;
| ||||||
12 | (iii) the specific type of information, if any, which | ||||||
13 | the Agency
deems the applicant did not provide the Agency; | ||||||
14 | and
| ||||||
15 | (iv) a statement of specific reasons why the Act and | ||||||
16 | the regulations
might not be met if the permit were | ||||||
17 | granted.
| ||||||
18 | If there is no final action by the Agency within 90 days | ||||||
19 | after the
filing of the application for permit, the applicant | ||||||
20 | may deem the permit
issued; except that this time period shall | ||||||
21 | be extended to 180 days when
(1) notice and opportunity for | ||||||
22 | public hearing are required by State or
federal law or | ||||||
23 | regulation, (2) the application which was filed is for
any | ||||||
24 | permit to develop a landfill subject to issuance pursuant to | ||||||
25 | this
subsection, or (3) the application that was filed is for a | ||||||
26 | MSWLF unit
required to issue public notice under subsection (p) |
| |||||||
| |||||||
1 | of Section 39. The
90-day and 180-day time periods for the | ||||||
2 | Agency to take final action do not
apply to NPDES permit | ||||||
3 | applications under subsection (b) of this Section,
to RCRA | ||||||
4 | permit applications under subsection (d) of this Section, or
to | ||||||
5 | UIC permit applications under subsection (e) of this Section , | ||||||
6 | or to CCR surface impoundment applications under subsection (y) | ||||||
7 | of this Section .
| ||||||
8 | The Agency shall publish notice of all final permit | ||||||
9 | determinations for
development permits for MSWLF units and for | ||||||
10 | significant permit modifications
for lateral expansions for | ||||||
11 | existing MSWLF units one time in a newspaper of
general | ||||||
12 | circulation in the county in which the unit is or is proposed | ||||||
13 | to be
located.
| ||||||
14 | After January 1, 1994 and until July 1, 1998, operating | ||||||
15 | permits issued under
this Section by the
Agency for sources of | ||||||
16 | air pollution permitted to emit less than 25 tons
per year of | ||||||
17 | any combination of regulated air pollutants, as defined in
| ||||||
18 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
19 | upon written
request by the Agency consistent with applicable | ||||||
20 | provisions of this Act and
regulations promulgated hereunder. | ||||||
21 | Such operating permits shall expire
180 days after the date of | ||||||
22 | such a request. The Board shall revise its
regulations for the | ||||||
23 | existing State air pollution operating permit program
| ||||||
24 | consistent with this provision by January 1, 1994.
| ||||||
25 | After June 30, 1998, operating permits issued under this | ||||||
26 | Section by the
Agency for sources of air pollution that are not |
| |||||||
| |||||||
1 | subject to Section 39.5 of
this Act and are not required to | ||||||
2 | have a federally enforceable State operating
permit shall be | ||||||
3 | required to be renewed only upon written request by the Agency
| ||||||
4 | consistent with applicable provisions of this Act and its | ||||||
5 | rules. Such
operating permits shall expire 180 days after the | ||||||
6 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
7 | revise its rules for the existing State
air pollution operating | ||||||
8 | permit program consistent with this paragraph and shall
adopt | ||||||
9 | rules that require a source to demonstrate that it qualifies | ||||||
10 | for a permit
under this paragraph.
| ||||||
11 | (b) The Agency may issue NPDES permits exclusively under | ||||||
12 | this
subsection for the discharge of contaminants from point | ||||||
13 | sources into
navigable waters, all as defined in the Federal | ||||||
14 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
15 | within the jurisdiction of the
State, or into any well.
| ||||||
16 | All NPDES permits shall contain those terms and conditions, | ||||||
17 | including
but not limited to schedules of compliance, which may | ||||||
18 | be required to
accomplish the purposes and provisions of this | ||||||
19 | Act.
| ||||||
20 | The Agency may issue general NPDES permits for discharges | ||||||
21 | from categories
of point sources which are subject to the same | ||||||
22 | permit limitations and
conditions. Such general permits may be | ||||||
23 | issued without individual
applications and shall conform to | ||||||
24 | regulations promulgated under Section 402
of the Federal Water | ||||||
25 | Pollution Control Act, as now or hereafter amended.
| ||||||
26 | The Agency may include, among such conditions, effluent |
| |||||||
| |||||||
1 | limitations
and other requirements established under this Act, | ||||||
2 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
3 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
4 | schedules for achieving compliance
therewith at the earliest | ||||||
5 | reasonable date.
| ||||||
6 | The Agency shall adopt filing requirements and procedures | ||||||
7 | which are
necessary and appropriate for the issuance of NPDES | ||||||
8 | permits, and which
are consistent with the Act or regulations | ||||||
9 | adopted by the Board, and
with the Federal Water Pollution | ||||||
10 | Control Act, as now or hereafter
amended, and regulations | ||||||
11 | pursuant thereto.
| ||||||
12 | The Agency, subject to any conditions which may be | ||||||
13 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
14 | allow discharges beyond
deadlines established by this Act or by | ||||||
15 | regulations of the Board without
the requirement of a variance, | ||||||
16 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
17 | hereafter amended, and regulations pursuant thereto.
| ||||||
18 | (c) Except for those facilities owned or operated by | ||||||
19 | sanitary districts
organized under the Metropolitan Water | ||||||
20 | Reclamation District Act, no
permit for the development or | ||||||
21 | construction of a new pollution control
facility may be granted | ||||||
22 | by the Agency unless the applicant submits proof to the
Agency | ||||||
23 | that the location of the facility has been approved by the | ||||||
24 | County Board
of the county if in an unincorporated area, or the | ||||||
25 | governing body of the
municipality when in an incorporated | ||||||
26 | area, in which the facility is to be
located in accordance with |
| |||||||
| |||||||
1 | Section 39.2 of this Act. For purposes of this subsection (c), | ||||||
2 | and for purposes of Section 39.2 of this Act, the appropriate | ||||||
3 | county board or governing body of the municipality shall be the | ||||||
4 | county board of the county or the governing body of the | ||||||
5 | municipality in which the facility is to be located as of the | ||||||
6 | date when the application for siting approval is filed.
| ||||||
7 | In the event that siting approval granted pursuant to | ||||||
8 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
9 | operator, that subsequent owner or
operator may apply to the | ||||||
10 | Agency for, and the Agency may grant, a development
or | ||||||
11 | construction permit for the facility for which local siting | ||||||
12 | approval was
granted. Upon application to the Agency for a | ||||||
13 | development or
construction permit by that subsequent owner or | ||||||
14 | operator,
the permit applicant shall cause written notice of | ||||||
15 | the permit application
to be served upon the appropriate county | ||||||
16 | board or governing body of the
municipality that granted siting | ||||||
17 | approval for that facility and upon any party
to the siting | ||||||
18 | proceeding pursuant to which siting approval was granted. In
| ||||||
19 | that event, the Agency shall conduct an evaluation of the | ||||||
20 | subsequent owner or
operator's prior experience in waste | ||||||
21 | management operations in the manner
conducted under subsection | ||||||
22 | (i) of Section 39 of this Act.
| ||||||
23 | Beginning August 20, 1993, if the pollution control | ||||||
24 | facility consists of a
hazardous or solid waste disposal | ||||||
25 | facility for which the proposed site is
located in an | ||||||
26 | unincorporated area of a county with a population of less than
|
| |||||||
| |||||||
1 | 100,000 and includes all or a portion of a parcel of land that | ||||||
2 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
3 | population of less than 5,000, then
the local siting review | ||||||
4 | required under this subsection (c) in conjunction with
any | ||||||
5 | permit applied for after that date shall be performed by the | ||||||
6 | governing body
of that adjacent municipality rather than the | ||||||
7 | county board of the county in
which the proposed site is | ||||||
8 | located; and for the purposes of that local siting
review, any | ||||||
9 | references in this Act to the county board shall be deemed to | ||||||
10 | mean
the governing body of that adjacent municipality; | ||||||
11 | provided, however, that the
provisions of this paragraph shall | ||||||
12 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
13 | owned in whole or in part by another municipality.
| ||||||
14 | In the case of a pollution control facility for which a
| ||||||
15 | development permit was issued before November 12, 1981, if an | ||||||
16 | operating
permit has not been issued by the Agency prior to | ||||||
17 | August 31, 1989 for
any portion of the facility, then the | ||||||
18 | Agency may not issue or renew any
development permit nor issue | ||||||
19 | an original operating permit for any portion of
such facility | ||||||
20 | unless the applicant has submitted proof to the Agency that the
| ||||||
21 | location of the facility has been approved by the appropriate | ||||||
22 | county board or
municipal governing body pursuant to Section | ||||||
23 | 39.2 of this Act.
| ||||||
24 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
25 | any portion for which an operating permit has been issued by
| ||||||
26 | the Agency, has not accepted waste disposal for 5 or more |
| |||||||
| |||||||
1 | consecutive calendars
years, before that facility may accept | ||||||
2 | any new or additional waste for
disposal, the owner and | ||||||
3 | operator must obtain a new operating permit under this
Act for | ||||||
4 | that facility unless the owner and operator have applied to the | ||||||
5 | Agency
for a permit authorizing the temporary suspension of | ||||||
6 | waste acceptance. The
Agency may not issue a new operation | ||||||
7 | permit under this Act for the facility
unless the applicant has | ||||||
8 | submitted proof to the Agency that the location of the
facility | ||||||
9 | has been approved or re-approved by the appropriate county | ||||||
10 | board or
municipal governing body under Section 39.2 of this | ||||||
11 | Act after the facility
ceased accepting waste.
| ||||||
12 | Except for those facilities owned or operated by sanitary | ||||||
13 | districts
organized under the Metropolitan Water Reclamation | ||||||
14 | District Act, and
except for new pollution control facilities | ||||||
15 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
16 | facilities, the granting of a permit under
this Act shall not | ||||||
17 | relieve the applicant from meeting and securing all
necessary | ||||||
18 | zoning approvals from the unit of government having zoning
| ||||||
19 | jurisdiction over the proposed facility.
| ||||||
20 | Before beginning construction on any new sewage treatment | ||||||
21 | plant or sludge
drying site to be owned or operated by a | ||||||
22 | sanitary district organized under
the Metropolitan Water | ||||||
23 | Reclamation District Act for which a new
permit (rather than | ||||||
24 | the renewal or amendment of an existing permit) is
required, | ||||||
25 | such sanitary district shall hold a public hearing within the
| ||||||
26 | municipality within which the proposed facility is to be |
| |||||||
| |||||||
1 | located, or within the
nearest community if the proposed | ||||||
2 | facility is to be located within an
unincorporated area, at | ||||||
3 | which information concerning the proposed facility
shall be | ||||||
4 | made available to the public, and members of the public shall | ||||||
5 | be given
the opportunity to express their views concerning the | ||||||
6 | proposed facility.
| ||||||
7 | The Agency may issue a permit for a municipal waste | ||||||
8 | transfer station
without requiring approval pursuant to | ||||||
9 | Section 39.2 provided that the following
demonstration is made:
| ||||||
10 | (1) the municipal waste transfer station was in | ||||||
11 | existence on or before
January 1, 1979 and was in | ||||||
12 | continuous operation from January 1, 1979 to January
1, | ||||||
13 | 1993;
| ||||||
14 | (2) the operator submitted a permit application to the | ||||||
15 | Agency to develop
and operate the municipal waste transfer | ||||||
16 | station during April of 1994;
| ||||||
17 | (3) the operator can demonstrate that the county board | ||||||
18 | of the county, if
the municipal waste transfer station is | ||||||
19 | in an unincorporated area, or the
governing body of the | ||||||
20 | municipality, if the station is in an incorporated area,
| ||||||
21 | does not object to resumption of the operation of the | ||||||
22 | station; and
| ||||||
23 | (4) the site has local zoning approval.
| ||||||
24 | (d) The Agency may issue RCRA permits exclusively under | ||||||
25 | this
subsection to persons owning or operating a facility for | ||||||
26 | the treatment,
storage, or disposal of hazardous waste as |
| |||||||
| |||||||
1 | defined under this Act. Subsection (y) of this Section, rather | ||||||
2 | than this subsection (d), shall apply to permits issued for CCR | ||||||
3 | surface impoundments.
| ||||||
4 | All RCRA permits shall contain those terms and conditions, | ||||||
5 | including but
not limited to schedules of compliance, which may | ||||||
6 | be required to accomplish
the purposes and provisions of this | ||||||
7 | Act. The Agency may include among such
conditions standards and | ||||||
8 | other requirements established under this Act,
Board | ||||||
9 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
10 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
11 | and may include
schedules for achieving compliance therewith as | ||||||
12 | soon as possible. The
Agency shall require that a performance | ||||||
13 | bond or other security be provided
as a condition for the | ||||||
14 | issuance of a RCRA permit.
| ||||||
15 | In the case of a permit to operate a hazardous waste or PCB | ||||||
16 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
17 | Agency shall require, as a
condition of the permit, that the | ||||||
18 | operator of the facility perform such
analyses of the waste to | ||||||
19 | be incinerated as may be necessary and appropriate
to ensure | ||||||
20 | the safe operation of the incinerator.
| ||||||
21 | The Agency shall adopt filing requirements and procedures | ||||||
22 | which
are necessary and appropriate for the issuance of RCRA | ||||||
23 | permits, and which
are consistent with the Act or regulations | ||||||
24 | adopted by the Board, and with
the Resource Conservation and | ||||||
25 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
26 | pursuant thereto.
|
| |||||||
| |||||||
1 | The applicant shall make available to the public for | ||||||
2 | inspection all
documents submitted by the applicant to the | ||||||
3 | Agency in furtherance
of an application, with the exception of | ||||||
4 | trade secrets, at the office of
the county board or governing | ||||||
5 | body of the municipality. Such documents
may be copied upon | ||||||
6 | payment of the actual cost of reproduction during regular
| ||||||
7 | business hours of the local office. The Agency shall issue a | ||||||
8 | written statement
concurrent with its grant or denial of the | ||||||
9 | permit explaining the basis for its
decision.
| ||||||
10 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
11 | subsection to persons owning or operating a facility for the | ||||||
12 | underground
injection of contaminants as defined under this | ||||||
13 | Act.
| ||||||
14 | All UIC permits shall contain those terms and conditions, | ||||||
15 | including but
not limited to schedules of compliance, which may | ||||||
16 | be required to accomplish
the purposes and provisions of this | ||||||
17 | Act. The Agency may include among such
conditions standards and | ||||||
18 | other requirements established under this Act,
Board | ||||||
19 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
20 | amended,
and regulations pursuant thereto, and may include | ||||||
21 | schedules for achieving
compliance therewith. The Agency shall | ||||||
22 | require that a performance bond or
other security be provided | ||||||
23 | as a condition for the issuance of a UIC permit.
| ||||||
24 | The Agency shall adopt filing requirements and procedures | ||||||
25 | which
are necessary and appropriate for the issuance of UIC | ||||||
26 | permits, and which
are consistent with the Act or regulations |
| |||||||
| |||||||
1 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
2 | (P.L. 93-523), as amended, and 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 of | ||||||
6 | trade secrets, at the office of the county
board or governing | ||||||
7 | body of the municipality. Such documents may be copied upon
| ||||||
8 | payment of the actual cost of reproduction during regular | ||||||
9 | business hours of the
local office. The Agency shall issue a | ||||||
10 | written statement concurrent with its
grant or denial of the | ||||||
11 | permit explaining the basis for its decision.
| ||||||
12 | (f) In making any determination pursuant to Section 9.1 of | ||||||
13 | this Act:
| ||||||
14 | (1) The Agency shall have authority to make the | ||||||
15 | determination of any
question required to be determined by | ||||||
16 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
17 | or the regulations of the Board, including the
| ||||||
18 | determination of the Lowest Achievable Emission Rate, | ||||||
19 | Maximum Achievable
Control Technology, or Best Available | ||||||
20 | Control Technology, consistent with the
Board's | ||||||
21 | regulations, if any.
| ||||||
22 | (2) The Agency shall adopt requirements as necessary to | ||||||
23 | implement public participation procedures, including, but | ||||||
24 | not limited to, public notice, comment, and an opportunity | ||||||
25 | for hearing, which must accompany the processing of | ||||||
26 | applications for PSD permits. The Agency shall briefly |
| |||||||
| |||||||
1 | describe and respond to all significant comments on the | ||||||
2 | draft permit raised during the public comment period or | ||||||
3 | during any hearing. The Agency may group related comments | ||||||
4 | together and provide one unified response for each issue | ||||||
5 | raised. | ||||||
6 | (3) Any complete permit application submitted to the | ||||||
7 | Agency under this subsection for a PSD permit shall be | ||||||
8 | granted or denied by the Agency not later than one year | ||||||
9 | after the filing of such completed application. | ||||||
10 | (4) The Agency shall, after conferring with the | ||||||
11 | applicant, give written
notice to the applicant of its | ||||||
12 | proposed decision on the application including
the terms | ||||||
13 | and conditions of the permit to be issued and the facts, | ||||||
14 | conduct
or other basis upon which the Agency will rely to | ||||||
15 | support its proposed action.
| ||||||
16 | (g) The Agency shall include as conditions upon all permits | ||||||
17 | issued for
hazardous waste disposal sites such restrictions | ||||||
18 | upon the future use
of such sites as are reasonably necessary | ||||||
19 | to protect public health and
the environment, including | ||||||
20 | permanent prohibition of the use of such
sites for purposes | ||||||
21 | which may create an unreasonable risk of injury to human
health | ||||||
22 | or to the environment. After administrative and judicial | ||||||
23 | challenges
to such restrictions have been exhausted, the Agency | ||||||
24 | shall file such
restrictions of record in the Office of the | ||||||
25 | Recorder of the county in which
the hazardous waste disposal | ||||||
26 | site is located.
|
| |||||||
| |||||||
1 | (h) A hazardous waste stream may not be deposited in a | ||||||
2 | permitted hazardous
waste site unless specific authorization | ||||||
3 | is obtained from the Agency by the
generator and disposal site | ||||||
4 | owner and operator for the deposit of that specific
hazardous | ||||||
5 | waste stream. The Agency may grant specific authorization for
| ||||||
6 | disposal of hazardous waste streams only after the generator | ||||||
7 | has reasonably
demonstrated that, considering
technological | ||||||
8 | feasibility and economic reasonableness, the hazardous waste
| ||||||
9 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
10 | chemically,
physically or biologically treated so as to | ||||||
11 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
12 | granting authorization under this Section,
the Agency may | ||||||
13 | impose such conditions as may be necessary to accomplish
the | ||||||
14 | purposes of the Act and are consistent with this Act and | ||||||
15 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
16 | refuses to grant
authorization under this Section, the | ||||||
17 | applicant may appeal as if the Agency
refused to grant a | ||||||
18 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
19 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
20 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
21 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
22 | partially recycled
for reuse prior to disposal, in which case | ||||||
23 | the last person who treats,
incinerates, or partially recycles | ||||||
24 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
25 | the hazardous waste is from a response action, in which case
| ||||||
26 | the person performing the response action is the generator. |
| |||||||
| |||||||
1 | This subsection
(h) does not apply to any hazardous waste that | ||||||
2 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
3 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
4 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
5 | transfer station, waste treatment
facility, waste incinerator, | ||||||
6 | or any waste-transportation operation, any permit or interim | ||||||
7 | authorization for a clean construction or demolition debris | ||||||
8 | fill operation, or any permit required under subsection (d-5) | ||||||
9 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
10 | prospective owner's or operator's prior
experience in waste | ||||||
11 | management operations, clean construction or demolition debris | ||||||
12 | fill operations, and tire storage site management. The Agency | ||||||
13 | may deny such a permit, or deny or revoke interim | ||||||
14 | authorization,
if the prospective owner or operator or any | ||||||
15 | employee or officer of the
prospective owner or operator has a | ||||||
16 | history of:
| ||||||
17 | (1) repeated violations of federal, State, or local | ||||||
18 | laws, regulations,
standards, or ordinances in the | ||||||
19 | operation of waste management facilities or
sites, clean | ||||||
20 | construction or demolition debris fill operation | ||||||
21 | facilities or sites, or tire storage sites; or
| ||||||
22 | (2) conviction in this or another State of any crime | ||||||
23 | which is a felony
under the laws of this State, or | ||||||
24 | conviction of a felony in a federal court; or conviction in | ||||||
25 | this or another state or federal court of any of the | ||||||
26 | following crimes: forgery, official misconduct, bribery, |
| |||||||
| |||||||
1 | perjury, or knowingly submitting false information under | ||||||
2 | any environmental law, regulation, or permit term or | ||||||
3 | condition; or
| ||||||
4 | (3) proof of gross carelessness or incompetence in | ||||||
5 | handling, storing,
processing, transporting or disposing | ||||||
6 | of waste, clean construction or demolition debris, or used | ||||||
7 | or waste tires, or proof of gross carelessness or | ||||||
8 | incompetence in using clean construction or demolition | ||||||
9 | debris as fill.
| ||||||
10 | (i-5) Before issuing any permit or approving any interim | ||||||
11 | authorization for a clean construction or demolition debris | ||||||
12 | fill operation in which any ownership interest is transferred | ||||||
13 | between January 1, 2005, and the effective date of the | ||||||
14 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
15 | shall conduct an evaluation of the operation if any previous | ||||||
16 | activities at the site or facility may have caused or allowed | ||||||
17 | contamination of the site. It shall be the responsibility of | ||||||
18 | the owner or operator seeking the permit or interim | ||||||
19 | authorization to provide to the Agency all of the information | ||||||
20 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
21 | may deny a permit or interim authorization if previous | ||||||
22 | activities at the site may have caused or allowed contamination | ||||||
23 | at the site, unless such contamination is authorized under any | ||||||
24 | permit issued by the Agency.
| ||||||
25 | (j) The issuance under this Act of a permit to engage in | ||||||
26 | the surface mining
of any resources other than fossil fuels |
| |||||||
| |||||||
1 | shall not relieve
the permittee from its duty to comply with | ||||||
2 | any applicable local law regulating
the commencement, location | ||||||
3 | or operation of surface mining facilities.
| ||||||
4 | (k) A development permit issued under subsection (a) of | ||||||
5 | Section 39 for any
facility or site which is required to have a | ||||||
6 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
7 | end of 2 calendar years from the date upon which
it was issued, | ||||||
8 | unless within that period the applicant has taken action to
| ||||||
9 | develop the facility or the site. In the event that review of | ||||||
10 | the
conditions of the development permit is sought pursuant to | ||||||
11 | Section 40 or
41, or permittee is prevented from commencing | ||||||
12 | development of the facility
or site by any other litigation | ||||||
13 | beyond the permittee's control, such
two-year period shall be | ||||||
14 | deemed to begin on the date upon which such review
process or | ||||||
15 | litigation is concluded.
| ||||||
16 | (l) No permit shall be issued by the Agency under this Act | ||||||
17 | for
construction or operation of any facility or site located | ||||||
18 | within the
boundaries of any setback zone established pursuant | ||||||
19 | to this Act, where such
construction or operation is | ||||||
20 | prohibited.
| ||||||
21 | (m) The Agency may issue permits to persons owning or | ||||||
22 | operating
a facility for composting landscape waste. In | ||||||
23 | granting such permits, the Agency
may impose such conditions as | ||||||
24 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
25 | are not inconsistent with applicable regulations promulgated
| ||||||
26 | by the Board. Except as otherwise provided in this Act, a bond |
| |||||||
| |||||||
1 | or other
security shall not be required as a condition for the | ||||||
2 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
3 | to this subsection, the Agency shall
transmit to the applicant | ||||||
4 | within the time limitations of this subsection
specific, | ||||||
5 | detailed statements as to the reasons the permit application | ||||||
6 | was
denied. Such statements shall include but not be limited to | ||||||
7 | the following:
| ||||||
8 | (1) the Sections of this Act that may be violated if | ||||||
9 | the permit
were granted;
| ||||||
10 | (2) the specific regulations promulgated pursuant to | ||||||
11 | this
Act that may be violated if the permit were granted;
| ||||||
12 | (3) the specific information, if any, the Agency deems | ||||||
13 | the
applicant did not provide in its application to the | ||||||
14 | Agency; and
| ||||||
15 | (4) a statement of specific reasons why the Act and the | ||||||
16 | regulations
might be violated if the permit were granted.
| ||||||
17 | If no final action is taken by the Agency within 90 days | ||||||
18 | after the filing
of the application for permit, the applicant | ||||||
19 | may deem the permit issued.
Any applicant for a permit may | ||||||
20 | waive the 90-day limitation by filing a
written statement with | ||||||
21 | the Agency.
| ||||||
22 | The Agency shall issue permits for such facilities upon | ||||||
23 | receipt of an
application that includes a legal description of | ||||||
24 | the site, a topographic
map of the site drawn to the scale of | ||||||
25 | 200 feet to the inch or larger, a
description of the operation, | ||||||
26 | including the area served, an estimate of
the volume of |
| |||||||
| |||||||
1 | materials to be processed, and documentation that:
| ||||||
2 | (1) the facility includes a setback of at
least 200 | ||||||
3 | feet from the nearest potable water supply well;
| ||||||
4 | (2) the facility is located outside the boundary
of the | ||||||
5 | 10-year floodplain or the site will be floodproofed;
| ||||||
6 | (3) the facility is located so as to minimize
| ||||||
7 | incompatibility with the character of the surrounding | ||||||
8 | area, including at
least a 200 foot setback from any | ||||||
9 | residence, and in the case of a
facility that is developed | ||||||
10 | or the permitted composting area of which is
expanded after | ||||||
11 | November 17, 1991, the composting area is located at least | ||||||
12 | 1/8
mile from the nearest residence (other than a residence | ||||||
13 | located on the same
property as the facility);
| ||||||
14 | (4) the design of the facility will prevent any compost | ||||||
15 | material from
being placed within 5 feet of the water | ||||||
16 | table, will adequately control runoff
from the site, and | ||||||
17 | will collect and manage any leachate that is generated on
| ||||||
18 | the site;
| ||||||
19 | (5) the operation of the facility will include | ||||||
20 | appropriate dust
and odor control measures, limitations on | ||||||
21 | operating hours, appropriate
noise control measures for | ||||||
22 | shredding, chipping and similar equipment,
management | ||||||
23 | procedures for composting, containment and disposal of
| ||||||
24 | non-compostable wastes, procedures to be used for
| ||||||
25 | terminating operations at the site, and recordkeeping | ||||||
26 | sufficient to
document the amount of materials received, |
| |||||||
| |||||||
1 | composted and otherwise
disposed of; and
| ||||||
2 | (6) the operation will be conducted in accordance with | ||||||
3 | any applicable
rules adopted by the Board.
| ||||||
4 | The Agency shall issue renewable permits of not longer than | ||||||
5 | 10 years
in duration for the composting of landscape wastes, as | ||||||
6 | defined in Section
3.155 of this Act, based on the above | ||||||
7 | requirements.
| ||||||
8 | The operator of any facility permitted under this | ||||||
9 | subsection (m) must
submit a written annual statement to the | ||||||
10 | Agency on or before April 1 of
each year that includes an | ||||||
11 | estimate of the amount of material, in tons,
received for | ||||||
12 | composting.
| ||||||
13 | (n) The Agency shall issue permits jointly with the | ||||||
14 | Department of
Transportation for the dredging or deposit of | ||||||
15 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
16 | Rivers, Lakes, and Streams Act.
| ||||||
17 | (o) (Blank.)
| ||||||
18 | (p) (1) Any person submitting an application for a permit | ||||||
19 | for a new MSWLF
unit or for a lateral expansion under | ||||||
20 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
21 | unit that has not received and is not subject to local
siting | ||||||
22 | approval under Section 39.2 of this Act shall publish notice of | ||||||
23 | the
application in a newspaper of general circulation in the | ||||||
24 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
25 | The notice must be published at
least 15 days before submission | ||||||
26 | of the permit application to the Agency. The
notice shall state |
| |||||||
| |||||||
1 | the name and address of the applicant, the location of the
| ||||||
2 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
3 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
4 | proposed, the probable life of
the proposed activity, the date | ||||||
5 | the permit application will be submitted, and a
statement that | ||||||
6 | persons may file written comments with the Agency concerning | ||||||
7 | the
permit application within 30 days after the filing of the | ||||||
8 | permit application
unless the time period to submit comments is | ||||||
9 | extended by the Agency.
| ||||||
10 | When a permit applicant submits information to the Agency | ||||||
11 | to supplement a
permit application being reviewed by the | ||||||
12 | Agency, the applicant shall not be
required to reissue the | ||||||
13 | notice under this subsection.
| ||||||
14 | (2) The Agency shall accept written comments concerning the | ||||||
15 | permit
application that are postmarked no later than 30 days | ||||||
16 | after the
filing of the permit application, unless the time | ||||||
17 | period to accept comments is
extended by the Agency.
| ||||||
18 | (3) Each applicant for a permit described in part (1) of | ||||||
19 | this subsection
shall file a
copy of the permit application | ||||||
20 | with the county board or governing body of the
municipality in | ||||||
21 | which the MSWLF unit is or is proposed to be located at the
| ||||||
22 | same time the application is submitted to the Agency. The | ||||||
23 | permit application
filed with the county board or governing | ||||||
24 | body of the municipality shall include
all documents submitted | ||||||
25 | to or to be submitted to the Agency, except trade
secrets as | ||||||
26 | determined under Section 7.1 of this Act. The permit |
| |||||||
| |||||||
1 | application
and other documents on file with the county board | ||||||
2 | or governing body of the
municipality shall be made available | ||||||
3 | for public inspection during regular
business hours at the | ||||||
4 | office of the county board or the governing body of the
| ||||||
5 | municipality and may be copied upon payment of the actual cost | ||||||
6 | of
reproduction.
| ||||||
7 | (q) Within 6 months after July 12, 2011 (the effective date | ||||||
8 | of Public Act 97-95), the Agency, in consultation with the | ||||||
9 | regulated community, shall develop a web portal to be posted on | ||||||
10 | its website for the purpose of enhancing review and promoting | ||||||
11 | timely issuance of permits required by this Act. At a minimum, | ||||||
12 | the Agency shall make the following information available on | ||||||
13 | the web portal: | ||||||
14 | (1) Checklists and guidance relating to the completion | ||||||
15 | of permit applications, developed pursuant to subsection | ||||||
16 | (s) of this Section, which may include, but are not limited | ||||||
17 | to, existing instructions for completing the applications | ||||||
18 | and examples of complete applications. As the Agency | ||||||
19 | develops new checklists and develops guidance, it shall | ||||||
20 | supplement the web portal with those materials. | ||||||
21 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
22 | date of Public Act 97-95), permit application forms or | ||||||
23 | portions of permit applications that can be completed and | ||||||
24 | saved electronically, and submitted to the Agency | ||||||
25 | electronically with digital signatures. | ||||||
26 | (3) Within 2 years after July 12, 2011 (the effective |
| |||||||
| |||||||
1 | date of Public Act 97-95), an online tracking system where | ||||||
2 | an applicant may review the status of its pending | ||||||
3 | application, including the name and contact information of | ||||||
4 | the permit analyst assigned to the application. Until the | ||||||
5 | online tracking system has been developed, the Agency shall | ||||||
6 | post on its website semi-annual permitting efficiency | ||||||
7 | tracking reports that include statistics on the timeframes | ||||||
8 | for Agency action on the following types of permits | ||||||
9 | received after July 12, 2011 (the effective date of Public | ||||||
10 | Act 97-95): air construction permits, new NPDES permits and | ||||||
11 | associated water construction permits, and modifications | ||||||
12 | of major NPDES permits and associated water construction | ||||||
13 | permits. The reports must be posted by February 1 and | ||||||
14 | August 1 each year and shall include: | ||||||
15 | (A) the number of applications received for each | ||||||
16 | type of permit, the number of applications on which the | ||||||
17 | Agency has taken action, and the number of applications | ||||||
18 | still pending; and | ||||||
19 | (B) for those applications where the Agency has not | ||||||
20 | taken action in accordance with the timeframes set | ||||||
21 | forth in this Act, the date the application was | ||||||
22 | received and the reasons for any delays, which may | ||||||
23 | include, but shall not be limited to, (i) the | ||||||
24 | application being inadequate or incomplete, (ii) | ||||||
25 | scientific or technical disagreements with the | ||||||
26 | applicant, USEPA, or other local, state, or federal |
| |||||||
| |||||||
1 | agencies involved in the permitting approval process, | ||||||
2 | (iii) public opposition to the permit, or (iv) Agency | ||||||
3 | staffing shortages. To the extent practicable, the | ||||||
4 | tracking report shall provide approximate dates when | ||||||
5 | cause for delay was identified by the Agency, when the | ||||||
6 | Agency informed the applicant of the problem leading to | ||||||
7 | the delay, and when the applicant remedied the reason | ||||||
8 | for the delay. | ||||||
9 | (r) Upon the request of the applicant, the Agency shall | ||||||
10 | notify the applicant of the permit analyst assigned to the | ||||||
11 | application upon its receipt. | ||||||
12 | (s) The Agency is authorized to prepare and distribute | ||||||
13 | guidance documents relating to its administration of this | ||||||
14 | Section and procedural rules implementing this Section. | ||||||
15 | Guidance documents prepared under this subsection shall not be | ||||||
16 | considered rules and shall not be subject to the Illinois | ||||||
17 | Administrative Procedure Act. Such guidance shall not be | ||||||
18 | binding on any party. | ||||||
19 | (t) Except as otherwise prohibited by federal law or | ||||||
20 | regulation, any person submitting an application for a permit | ||||||
21 | may include with the application suggested permit language for | ||||||
22 | Agency consideration. The Agency is not obligated to use the | ||||||
23 | suggested language or any portion thereof in its permitting | ||||||
24 | decision. If requested by the permit applicant, the Agency | ||||||
25 | shall meet with the applicant to discuss the suggested | ||||||
26 | language. |
| |||||||
| |||||||
1 | (u) If requested by the permit applicant, the Agency shall | ||||||
2 | provide the permit applicant with a copy of the draft permit | ||||||
3 | prior to any public review period. | ||||||
4 | (v) If requested by the permit applicant, the Agency shall | ||||||
5 | provide the permit applicant with a copy of the final permit | ||||||
6 | prior to its issuance. | ||||||
7 | (w) An air pollution permit shall not be required due to | ||||||
8 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
9 | this Act. | ||||||
10 | (x) If, before the expiration of a State operating permit | ||||||
11 | that is issued pursuant to subsection (a) of this Section and | ||||||
12 | contains federally enforceable conditions limiting the | ||||||
13 | potential to emit of the source to a level below the major | ||||||
14 | source threshold for that source so as to exclude the source | ||||||
15 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
16 | complete application for the renewal of that permit, then all | ||||||
17 | of the terms and conditions of the permit shall remain in | ||||||
18 | effect until final administrative action has been taken on the | ||||||
19 | application for the renewal of the permit. | ||||||
20 | (y) The Agency may issue permits exclusively under this | ||||||
21 | subsection to persons owning or operating a CCR surface | ||||||
22 | impoundment subject to Section 22.59. | ||||||
23 | All CCR surface impoundment permits shall contain those | ||||||
24 | terms and conditions, including, but not limited to, schedules | ||||||
25 | of compliance, which may be required to accomplish the purposes | ||||||
26 | and provisions of this Act, Board regulations, the Illinois |
| |||||||
| |||||||
1 | Groundwater Protection Act and regulations pursuant thereto, | ||||||
2 | and the Resource Conservation and Recovery Act and regulations | ||||||
3 | pursuant thereto, and may include schedules for achieving | ||||||
4 | compliance therewith as soon as possible. | ||||||
5 | The Board shall adopt filing requirements and procedures | ||||||
6 | that are necessary and appropriate for the issuance of CCR | ||||||
7 | surface impoundment permits and that are consistent with this | ||||||
8 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
9 | amended, and regulations pursuant thereto. | ||||||
10 | The applicant shall make available to the public for | ||||||
11 | inspection all documents submitted by the applicant to the | ||||||
12 | Agency in furtherance of an application, with the exception of | ||||||
13 | trade secrets, on its public internet website as well as at the | ||||||
14 | office of the county board or governing body of the | ||||||
15 | municipality where CCR from the CCR surface impoundment will be | ||||||
16 | permanently disposed. Such documents may be copied upon payment | ||||||
17 | of the actual cost of reproduction during regular business | ||||||
18 | hours of the local office. | ||||||
19 | The Agency shall issue a written statement concurrent with | ||||||
20 | its grant or denial of the permit explaining the basis for its | ||||||
21 | decision. | ||||||
22 | (Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; | ||||||
23 | 99-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
24 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
25 | Sec. 40. Appeal of permit denial.
|
| |||||||
| |||||||
1 | (a)(1) If the Agency refuses to grant or grants with | ||||||
2 | conditions a permit
under Section 39 of this Act, the applicant | ||||||
3 | may, within 35 days after the
date on which the Agency served | ||||||
4 | its decision on the applicant, petition for
a hearing before | ||||||
5 | the Board to contest the decision of the Agency. However,
the | ||||||
6 | 35-day period for petitioning for a hearing may be extended for | ||||||
7 | an
additional period of time not to exceed 90 days by written | ||||||
8 | notice
provided to the Board from the applicant and the Agency | ||||||
9 | within the initial
appeal period. The Board shall give 21 days' | ||||||
10 | notice to any person in the
county where is located the | ||||||
11 | facility in issue who has requested notice of
enforcement | ||||||
12 | proceedings and to each member of the General Assembly in whose
| ||||||
13 | legislative district that installation or property is located; | ||||||
14 | and shall
publish that 21-day notice in a newspaper of general | ||||||
15 | circulation in that
county. The Agency shall appear as | ||||||
16 | respondent in such hearing. At such
hearing the rules | ||||||
17 | prescribed in Section 32 and subsection (a) of Section 33 of
| ||||||
18 | this Act shall apply, and the burden of proof shall be on the | ||||||
19 | petitioner. If,
however, the Agency issues an NPDES permit that | ||||||
20 | imposes limits which are based
upon a criterion or denies a | ||||||
21 | permit based upon application of a criterion,
then the Agency | ||||||
22 | shall have the burden of going forward with the basis for
the | ||||||
23 | derivation of those limits or criterion which were derived | ||||||
24 | under the
Board's rules.
| ||||||
25 | (2) Except as provided in paragraph (a)(3), if there is no | ||||||
26 | final action by
the Board within 120 days after the date on |
| |||||||
| |||||||
1 | which it received the petition,
the petitioner may deem the | ||||||
2 | permit issued under this Act, provided,
however, that that | ||||||
3 | period of 120 days shall not run for any period of time,
not to | ||||||
4 | exceed 30 days, during which the Board is without sufficient | ||||||
5 | membership
to constitute the quorum required by subsection (a) | ||||||
6 | of Section 5 of this Act,
and provided further that such 120 | ||||||
7 | day period shall not be stayed for lack of
quorum beyond 30 | ||||||
8 | days regardless of whether the lack of quorum exists at the
| ||||||
9 | beginning of such 120-day period or occurs during the running | ||||||
10 | of such 120-day
period.
| ||||||
11 | (3) Paragraph (a)(2) shall not apply to any permit which is | ||||||
12 | subject
to subsection (b), (d) or (e) of Section 39. If there | ||||||
13 | is no final action by
the Board within 120 days after the date | ||||||
14 | on which it received the petition,
the petitioner shall be | ||||||
15 | entitled to an Appellate Court order pursuant to
subsection (d) | ||||||
16 | of Section 41 of this Act.
| ||||||
17 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
18 | waste disposal site,
a third party, other than the permit | ||||||
19 | applicant or Agency, may, within 35
days after the date on | ||||||
20 | which the Agency issued its decision, petition the
Board for a | ||||||
21 | hearing to contest the issuance of the permit.
Unless the Board | ||||||
22 | determines that such petition is duplicative or frivolous, or | ||||||
23 | that the petitioner is so located as to
not be affected by the | ||||||
24 | permitted facility, the Board shall hear the
petition in | ||||||
25 | accordance with the terms of subsection (a) of this Section
and | ||||||
26 | its procedural rules governing denial appeals, such hearing to |
| |||||||
| |||||||
1 | be
based exclusively on the record before the Agency. The | ||||||
2 | burden of proof
shall be on the petitioner. The Agency and the | ||||||
3 | permit applicant shall
be named co-respondents.
| ||||||
4 | The provisions of this subsection do not apply to the | ||||||
5 | granting of permits
issued for the disposal or utilization of | ||||||
6 | sludge from publicly-owned sewage
works.
| ||||||
7 | (c) Any party to an Agency proceeding conducted pursuant to | ||||||
8 | Section
39.3 of this Act may petition as of right to the Board | ||||||
9 | for review of the
Agency's decision within 35 days from the | ||||||
10 | date of issuance of the Agency's
decision, provided that such | ||||||
11 | appeal is not duplicative
or frivolous.
However, the 35-day | ||||||
12 | period for petitioning for a hearing may be extended
by the | ||||||
13 | applicant for a period of time not to exceed 90 days by written | ||||||
14 | notice
provided to the Board from the applicant and the Agency | ||||||
15 | within the initial
appeal period. If another person with | ||||||
16 | standing to appeal wishes to obtain
an extension, there must be | ||||||
17 | a written notice provided to the Board by that
person, the | ||||||
18 | Agency, and the applicant, within the initial appeal period.
| ||||||
19 | The decision of the Board shall be based exclusively on the | ||||||
20 | record compiled
in the Agency proceeding. In other respects the | ||||||
21 | Board's review shall be
conducted in accordance with subsection | ||||||
22 | (a) of this Section and the Board's
procedural rules governing | ||||||
23 | permit denial appeals.
| ||||||
24 | (d) In reviewing the denial or any condition of a NA NSR | ||||||
25 | permit issued by the
Agency pursuant to rules and regulations | ||||||
26 | adopted under subsection (c)
of Section 9.1 of this Act, the |
| |||||||
| |||||||
1 | decision of the Board
shall be based exclusively on the record | ||||||
2 | before the Agency including the
record of the hearing, if any, | ||||||
3 | unless the parties agree to supplement the record. The Board | ||||||
4 | shall, if
it finds the Agency is in error, make a final | ||||||
5 | determination as to the
substantive limitations of the permit | ||||||
6 | including a final determination of
Lowest Achievable Emission | ||||||
7 | Rate.
| ||||||
8 | (e)(1) If the Agency grants or denies a permit under | ||||||
9 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
10 | than the permit applicant or
Agency, may petition the Board | ||||||
11 | within 35 days from the date of issuance of
the Agency's | ||||||
12 | decision, for a hearing to contest the decision of the Agency.
| ||||||
13 | (2) A petitioner shall include the following within a | ||||||
14 | petition submitted
under subdivision (1) of this subsection:
| ||||||
15 | (A) a demonstration that the petitioner raised the | ||||||
16 | issues contained
within the petition during the public | ||||||
17 | notice period or during the public
hearing on the NPDES | ||||||
18 | permit application, if a public hearing was held; and
| ||||||
19 | (B) a demonstration that the petitioner is so situated | ||||||
20 | as to be
affected by the permitted facility.
| ||||||
21 | (3) If the Board determines that the petition is not | ||||||
22 | duplicative or frivolous and contains a satisfactory | ||||||
23 | demonstration under
subdivision (2) of this subsection, the | ||||||
24 | Board shall hear the petition (i) in
accordance with the terms | ||||||
25 | of subsection (a) of this Section and its procedural
rules | ||||||
26 | governing permit denial appeals and (ii) exclusively on the |
| |||||||
| |||||||
1 | basis of the
record before the Agency. The burden of proof | ||||||
2 | shall be on the petitioner.
The Agency and permit applicant | ||||||
3 | shall be named co-respondents.
| ||||||
4 | (f) Any person who files a petition to contest the issuance | ||||||
5 | of a
permit by the Agency shall pay a filing fee.
| ||||||
6 | (g) If the Agency grants or denies a permit under | ||||||
7 | subsection (y) of Section 39, a third party, other than the | ||||||
8 | permit applicant or Agency, may appeal the Agency's decision as | ||||||
9 | provided under federal law for CCR surface impoundment permits. | ||||||
10 | (Source: P.A. 99-463, eff. 1-1-16; 100-201, eff. 8-18-17.)
| ||||||
11 | Section 10. The State Finance Act is amended by adding | ||||||
12 | Section 5.891 as follows:
| ||||||
13 | (30 ILCS 105/5.891 new) | ||||||
14 | Sec. 5.891. The Coal Combustion Residual Surface | ||||||
15 | Impoundment Financial Assurance Fund.
| ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|