Bill Text: IL HB2842 | 2017-2018 | 100th General Assembly | Engrossed

Bill Title: Amends the Environmental Protection Act. Provides that applicants for local siting approval shall submit evidence to demonstrate compliance. Provides that applicants for local siting approval shall present testimony subject to cross-examination at specified public hearings. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2017-04-20 - Referred to Assignments [HB2842 Detail]

Download: Illinois-2017-HB2842-Engrossed.html

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Section 39.2 as follows:
6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
7 Sec. 39.2. Local siting review.
8 (a) The county board of the county or the governing body of
9the municipality, as determined by paragraph (c) of Section 39
10of this Act, shall approve or disapprove the request for local
11siting approval for each pollution control facility which is
12subject to such review. An applicant for local siting approval
13shall submit sufficient details describing the proposed
14facility and evidence to demonstrate compliance, and local
15siting approval shall be granted only if the proposed facility
16meets the following criteria:
17 (i) the facility is necessary to accommodate the waste
18 needs of the area it is intended to serve;
19 (ii) the facility is so designed, located and proposed
20 to be operated that the public health, safety and welfare
21 will be protected;
22 (iii) the facility is located so as to minimize
23 incompatibility with the character of the surrounding area

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1 and to minimize the effect on the value of the surrounding
2 property;
3 (iv) (A) for a facility other than a sanitary landfill
4 or waste disposal site, the facility is located outside the
5 boundary of the 100 year flood plain or the site is
6 flood-proofed; (B) for a facility that is a sanitary
7 landfill or waste disposal site, the facility is located
8 outside the boundary of the 100-year floodplain, or if the
9 facility is a facility described in subsection (b)(3) of
10 Section 22.19a, the site is flood-proofed;
11 (v) the plan of operations for the facility is designed
12 to minimize the danger to the surrounding area from fire,
13 spills, or other operational accidents;
14 (vi) the traffic patterns to or from the facility are
15 so designed as to minimize the impact on existing traffic
16 flows;
17 (vii) if the facility will be treating, storing or
18 disposing of hazardous waste, an emergency response plan
19 exists for the facility which includes notification,
20 containment and evacuation procedures to be used in case of
21 an accidental release;
22 (viii) if the facility is to be located in a county
23 where the county board has adopted a solid waste management
24 plan consistent with the planning requirements of the Local
25 Solid Waste Disposal Act or the Solid Waste Planning and
26 Recycling Act, the facility is consistent with that plan;

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1 for purposes of this criterion (viii), the "solid waste
2 management plan" means the plan that is in effect as of the
3 date the application for siting approval is filed; and
4 (ix) if the facility will be located within a regulated
5 recharge area, any applicable requirements specified by
6 the Board for such areas have been met.
7 The county board or the governing body of the municipality
8may also consider as evidence the previous operating experience
9and past record of convictions or admissions of violations of
10the applicant (and any subsidiary or parent corporation) in the
11field of solid waste management when considering criteria (ii)
12and (v) under this Section.
13 If the facility is subject to the location restrictions in
14Section 22.14 of this Act, compliance with that Section shall
15be determined as of the date the application for siting
16approval is filed.
17 (b) No later than 14 days before the date on which the
18county board or governing body of the municipality receives a
19request for site approval, the applicant shall cause written
20notice of such request to be served either in person or by
21registered mail, return receipt requested, on the owners of all
22property within the subject area not solely owned by the
23applicant, and on the owners of all property within 250 feet in
24each direction of the lot line of the subject property, said
25owners being such persons or entities which appear from the
26authentic tax records of the County in which such facility is

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1to be located; provided, that the number of all feet occupied
2by all public roads, streets, alleys and other public ways
3shall be excluded in computing the 250 feet requirement;
4provided further, that in no event shall this requirement
5exceed 400 feet, including public streets, alleys and other
6public ways.
7 Such written notice shall also be served upon members of
8the General Assembly from the legislative district in which the
9proposed facility is located and shall be published in a
10newspaper of general circulation published in the county in
11which the site is located.
12 Such notice shall state the name and address of the
13applicant, the location of the proposed site, the nature and
14size of the development, the nature of the activity proposed,
15the probable life of the proposed activity, the date when the
16request for site approval will be submitted, and a description
17of the right of persons to comment on such request as hereafter
19 (c) An applicant shall file a copy of its request with the
20county board of the county or the governing body of the
21municipality in which the proposed site is located. The request
22shall include (i) the substance of the applicant's proposal and
23(ii) all documents, if any, submitted as of that date to the
24Agency pertaining to the proposed facility, except trade
25secrets as determined under Section 7.1 of this Act. All such
26documents or other materials on file with the county board or

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1governing body of the municipality shall be made available for
2public inspection at the office of the county board or the
3governing body of the municipality and may be copied upon
4payment of the actual cost of reproduction.
5 Any person may file written comment with the county board
6or governing body of the municipality concerning the
7appropriateness of the proposed site for its intended purpose.
8The county board or governing body of the municipality shall
9consider any comment received or postmarked not later than 30
10days after the date of the last public hearing.
11 (d) At least one public hearing, at which an applicant
12shall present at least one witness to testify subject to
13cross-examination, is to be held by the county board or
14governing body of the municipality no sooner than 90 days but
15no later than 120 days after the date on which it received the
16request for site approval. No later than 14 days prior to such
17hearing, notice shall be published in a newspaper of general
18circulation published in the county of the proposed site, and
19delivered by certified mail to all members of the General
20Assembly from the district in which the proposed site is
21located, to the governing authority of every municipality
22contiguous to the proposed site or contiguous to the
23municipality in which the proposed site is to be located, to
24the county board of the county where the proposed site is to be
25located, if the proposed site is located within the boundaries
26of a municipality, and to the Agency. Members or

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1representatives of the governing authority of a municipality
2contiguous to the proposed site or contiguous to the
3municipality in which the proposed site is to be located and,
4if the proposed site is located in a municipality, members or
5representatives of the county board of a county in which the
6proposed site is to be located may appear at and participate in
7public hearings held pursuant to this Section. The public
8hearing shall develop a record sufficient to form the basis of
9appeal of the decision in accordance with Section 40.1 of this
10Act. The fact that a member of the county board or governing
11body of the municipality has publicly expressed an opinion on
12an issue related to a site review proceeding shall not preclude
13the member from taking part in the proceeding and voting on the
15 (e) Decisions of the county board or governing body of the
16municipality are to be in writing, confirming a public hearing
17was held with testimony from at least one witness presented by
18the applicant, specifying the reasons for the decision, such
19reasons to be in conformance with subsection (a) of this
20Section. In granting approval for a site the county board or
21governing body of the municipality may impose such conditions
22as may be reasonable and necessary to accomplish the purposes
23of this Section and as are not inconsistent with regulations
24promulgated by the Board. Such decision shall be available for
25public inspection at the office of the county board or
26governing body of the municipality and may be copied upon

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1payment of the actual cost of reproduction. If there is no
2final action by the county board or governing body of the
3municipality within 180 days after the date on which it
4received the request for site approval, the applicant may deem
5the request approved.
6 At the public hearing, at any time prior to completion by
7the applicant of the presentation of the applicant's factual
8evidence, testimony, and an opportunity for cross-examination
9cross-questioning by the county board or governing body of the
10municipality and any participants, the applicant may file not
11more than one amended application upon payment of additional
12fees pursuant to subsection (k); in which case the time
13limitation for final action set forth in this subsection (e)
14shall be extended for an additional period of 90 days.
15 If, prior to making a final local siting decision, a county
16board or governing body of a municipality has negotiated and
17entered into a host agreement with the local siting applicant,
18the terms and conditions of the host agreement, whether written
19or oral, shall be disclosed and made a part of the hearing
20record for that local siting proceeding. In the case of an oral
21agreement, the disclosure shall be made in the form of a
22written summary jointly prepared and submitted by the county
23board or governing body of the municipality and the siting
24applicant and shall describe the terms and conditions of the
25oral agreement.
26 (e-5) Siting approval obtained pursuant to this Section is

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1transferable and may be transferred to a subsequent owner or
2operator. In the event that siting approval has been
3transferred to a subsequent owner or operator, that subsequent
4owner or operator assumes and takes subject to any and all
5conditions imposed upon the prior owner or operator by the
6county board of the county or governing body of the
7municipality pursuant to subsection (e). However, any such
8conditions imposed pursuant to this Section may be modified by
9agreement between the subsequent owner or operator and the
10appropriate county board or governing body. Further, in the
11event that siting approval obtained pursuant to this Section
12has been transferred to a subsequent owner or operator, that
13subsequent owner or operator assumes all rights and obligations
14and takes the facility subject to any and all terms and
15conditions of any existing host agreement between the prior
16owner or operator and the appropriate county board or governing
18 (f) A local siting approval granted under this Section
19shall expire at the end of 2 calendar years from the date upon
20which it was granted, unless the local siting approval granted
21under this Section is for a sanitary landfill operation, in
22which case the approval shall expire at the end of 3 calendar
23years from the date upon which it was granted, and unless
24within that period the applicant has made application to the
25Agency for a permit to develop the site. In the event that the
26local siting decision has been appealed, such expiration period

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1shall be deemed to begin on the date upon which the appeal
2process is concluded.
3 Except as otherwise provided in this subsection, upon the
4expiration of a development permit under subsection (k) of
5Section 39, any associated local siting approval granted for
6the facility under this Section shall also expire.
7 If a first development permit for a municipal waste
8incineration facility expires under subsection (k) of Section
939 after September 30, 1989 due to circumstances beyond the
10control of the applicant, any associated local siting approval
11granted for the facility under this Section may be used to
12fulfill the local siting approval requirement upon application
13for a second development permit for the same site, provided
14that the proposal in the new application is materially the
15same, with respect to the criteria in subsection (a) of this
16Section, as the proposal that received the original siting
17approval, and application for the second development permit is
18made before January 1, 1990.
19 (g) The siting approval procedures, criteria and appeal
20procedures provided for in this Act for new pollution control
21facilities shall be the exclusive siting procedures and rules
22and appeal procedures for facilities subject to such
23procedures. Local zoning or other local land use requirements
24shall not be applicable to such siting decisions.
25 (h) Nothing in this Section shall apply to any existing or
26new pollution control facility located within the corporate

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1limits of a municipality with a population of over 1,000,000.
2 (i) (Blank.)
3 The Board shall adopt regulations establishing the
4geologic and hydrologic siting criteria necessary to protect
5usable groundwater resources which are to be followed by the
6Agency in its review of permit applications for new pollution
7control facilities. Such regulations, insofar as they apply to
8new pollution control facilities authorized to store, treat or
9dispose of any hazardous waste, shall be at least as stringent
10as the requirements of the Resource Conservation and Recovery
11Act and any State or federal regulations adopted pursuant
13 (j) Any new pollution control facility which has never
14obtained local siting approval under the provisions of this
15Section shall be required to obtain such approval after a final
16decision on an appeal of a permit denial.
17 (k) A county board or governing body of a municipality may
18charge applicants for siting review under this Section a
19reasonable fee to cover the reasonable and necessary costs
20incurred by such county or municipality in the siting review
22 (l) The governing Authority as determined by subsection (c)
23of Section 39 of this Act may request the Department of
24Transportation to perform traffic impact studies of proposed or
25potential locations for required pollution control facilities.
26 (m) An applicant may not file a request for local siting

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1approval which is substantially the same as a request which was
2disapproved pursuant to a finding against the applicant under
3any of criteria (i) through (ix) of subsection (a) of this
4Section within the preceding 2 years.
5 (n) In any review proceeding of a decision of the county
6board or governing body of a municipality made pursuant to the
7local siting review process, the petitioner in the review
8proceeding shall pay to the county or municipality the cost of
9preparing and certifying the record of proceedings. Should the
10petitioner in the review proceeding fail to make payment, the
11provisions of Section 3-109 of the Code of Civil Procedure
12shall apply.
13 In the event the petitioner is a citizens' group that
14participated in the siting proceeding and is so located as to
15be affected by the proposed facility, such petitioner shall be
16exempt from paying the costs of preparing and certifying the
18 (o) Notwithstanding any other provision of this Section, a
19transfer station used exclusively for landscape waste, where
20landscape waste is held no longer than 24 hours from the time
21it was received, is not subject to the requirements of local
22siting approval under this Section, but is subject only to
23local zoning approval.
24(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.