Bill Text: IL HB2907 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Environmental Protection Act. Provides that a person commits the offense of Criminal Disposal of PCBs if he or she disposes of, or accepts for disposal, PCBs or PCB Items regulated under Subpart D of 40 C.F.R. 761 at a site or facility that is less than 500 feet above an aquifer that currently provides the only source of potable water for a community water supply serving a municipality with a population in excess of the entire population of the county where the site or facility is located, according to the last U.S. Decennial Census. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 7-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2907 Detail]

Download: Illinois-2013-HB2907-Amended.html

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Rep. Sue Scherer

Filed: 3/15/2013

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AMENDMENT TO HOUSE BILL 2907
AMENDMENT NO. ______. Amend House Bill 2907 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
adding Section 39.2a and changing Sections 3.330, 39, and 39.2
as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);

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(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting a
waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal

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combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined
in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface and
any portion of that site or facility used for storage of
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill.
Admin. Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Admin. Code 739 to
produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000

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federal census, that home rule unit of local government has
been designated as an Urban Round II Empowerment Zone by
the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the site
or facility and provided funding for the site or facility;
and (ii) in compliance with all applicable zoning
requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that (i) accepts
exclusively general construction or demolition debris,
(ii) is located in a county with a population over
3,000,000 as of January 1, 2000 or in a county that is
contiguous to such a county, and (iii) is operated and
located in accordance with Section 22.38 of this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding

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metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste in
original containers, no larger in capacity than 500
gallons, provided that such waste is further transferred to
a recycling, disposal, treatment, or storage facility on a
non-contiguous site and provided such site or facility
complies with the applicable 10-day transfer requirements
of the federal Resource Conservation and Recovery Act of
1976 and United States Department of Transportation
hazardous material requirements. For purposes of this
Section only, "non-putrescible solid waste" means waste
other than municipal garbage that does not rot or become
putrid, including, but not limited to, paints, solvent,
filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has

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obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July 1,
2005 and that is used for wood combustion facilities for
energy recovery that accept and burn only wood material, as
included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received;
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop
residue, uncontaminated wood waste, or paper waste,
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.
(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by the
end of each operating day, be processed and placed into
an enclosed vessel in which air flow and temperature
are controlled, or all of the following additional
requirements must be met:

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(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the nearest
residence, other than a residence located on the
same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as
cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for
recreation.

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(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;
preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and (ii)
covered in a manner that prevents scavenging by
birds and animals and that prevents other
nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.

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(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence of
any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to the
taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act;
(20) the portion of a site or facility that is located
entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to

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the 2000 federal census, and that meets all of the
following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries
of the home rule unit, as the hydrocarbon feedstock
for the production of synthetic gas in accordance
with Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning
requirements; and
(iii) a complete application for a
demonstration permit at the portion of the site or
facility has been submitted to the Agency in
accordance with Section 39.9 of this Act within one
year after July 27, 2010 (the effective date of
Public Act 96-1314);
(21) the portion of a site or facility used to perform
limited testing of a gasification conversion technology in
accordance with Section 39.8 of this Act and for which a
complete permit application has been submitted to the
Agency prior to one year from April 9, 2010 (the effective
date of Public Act 96-887); and
(22) the portion of a site or facility that is used to
incinerate only pharmaceuticals from residential sources

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that are collected and transported by law enforcement
agencies under Section 17.9A of this Act.
(a-5) Notwithstanding any provision of subsection (a) of
this Section to the contrary, any site or facility for the
treatment, storage, or disposal of polychlorinated biphenyls
(PCBs) or PCB Items regulated under Subpart D of 40 C.F.R. 761
that is located less than 500 feet above an aquifer that
currently provides the only source of potable water for a
community water supply is a pollution control facility.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
96-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
7-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
eff. 1-1-12.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of

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facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications
of noncompliance with this Act by the applicant that involved a
release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to the following:
(i) the Sections of this Act which may be violated if

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the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were
granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection (p)
of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, or to
UIC permit applications under subsection (e) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for

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significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of
any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution operating
permit program consistent with this paragraph and shall adopt
rules that require a source to demonstrate that it qualifies

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for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto, and
schedules for achieving compliance therewith at the earliest
reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution

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Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or by
regulations of the Board without the requirement of a variance,
subject to the Federal Water Pollution Control Act, as now or
hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be granted
by the Agency unless the applicant submits proof to the Agency
that the location of the facility has been approved by the
appropriate governing bodies County Board of the county if in
an unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the
facility is to be located in accordance with Section 39.2 of
this Act. For purposes of this subsection (c), and for purposes
of Section 39.2 of this Act, the appropriate governing bodies
appropriate county board or governing body of the municipality
shall be: (i) except as provided in item (ii), for
unincorporated areas, the county board of the county in which
the facility is to be located as of the date when the
application for siting approval is filed or, for incorporated
areas, the governing body of the municipality in which the

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facility is to be located as of the date when the application
for siting approval is filed and (ii) in the case of a site or
facility for the treatment, storage, or disposal of
polychlorinated biphenyls (PCBs) or PCB Items regulated under
Subpart D of 40 C.F.R. 761 that is located less than 500 feet
above an aquifer that currently provides the only source of
potable water for a community water supply, the county board of
each county located, in or whole in part, within the aquifer's
boundaries and the governing body of each municipality located,
in or whole or part, within the aquifer's boundaries.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate county
board or governing body of the municipality that granted siting
approval for that facility and upon any party to the siting
proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the
subsequent owner or operator's prior experience in waste
management operations in the manner conducted under subsection
(i) of Section 39 of this Act.

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Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality or to any
site or facility for the treatment, storage, or disposal of
polychlorinated biphenyls (PCBs) or PCB Items regulated under
Subpart D of 40 C.F.R. 761 that is located less than 500 feet
above an aquifer that currently provides the only source of
potable water for a community water supply.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the

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Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate
county board or municipal governing body pursuant to Section
39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendars years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to the
Agency for a permit authorizing the temporary suspension of
waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant has
submitted proof to the Agency that the location of the facility
has been approved or re-approved by the appropriate county
board or municipal governing body under Section 39.2 of this
Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary

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zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the
Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board

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of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act.
All RCRA permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended, and regulations pursuant thereto,
and may include schedules for achieving compliance therewith as
soon as possible. The Agency shall require that a performance
bond or other security be provided as a condition for the
issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure

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the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the
underground injection of contaminants as defined under this
Act.
All UIC permits shall contain those terms and conditions,
including but not limited to schedules of compliance, which may
be required to accomplish the purposes and provisions of this
Act. The Agency may include among such conditions standards and
other requirements established under this Act, Board
regulations, the Safe Drinking Water Act (P.L. 93-523), as

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amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the
determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available

09800HB2907ham001 - 24 - LRB098 06257 JDS 43166 a
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application including the terms
and conditions of the permit to be issued and the facts,
conduct or other basis upon which the Agency will rely to
support its proposed action.
(3) Following such notice, the Agency shall give the
applicant an opportunity for a hearing in accordance with
the provisions of Sections 10-25 through 10-60 of the
Illinois Administrative Procedure Act.
(g) The Agency shall include as conditions upon all permits
issued for hazardous waste disposal sites such restrictions
upon the future use of such sites as are reasonably necessary
to protect public health and the environment, including
permanent prohibition of the use of such sites for purposes
which may create an unreasonable risk of injury to human health
or to the environment. After administrative and judicial
challenges to such restrictions have been exhausted, the Agency
shall file such restrictions of record in the Office of the
Recorder of the county in which the hazardous waste disposal
site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site

09800HB2907ham001 - 25 - LRB098 06257 JDS 43166 a
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and
regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of Section
40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or
partially recycled for reuse prior to disposal, in which case
the last person who treats, incinerates, or partially recycles
the hazardous waste prior to disposal is the generator; or (2)
the hazardous waste is from a response action, in which case
the person performing the response action is the generator.
This subsection (h) does not apply to any hazardous waste that
is restricted from land disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste

09800HB2907ham001 - 26 - LRB098 06257 JDS 43166 a
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, or any permit or interim
authorization for a clean construction or demolition debris
fill operation, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations and clean construction or demolition
debris fill operations. The Agency may deny such a permit, or
deny or revoke interim authorization, if the prospective owner
or operator or any employee or officer of the prospective owner
or operator has a history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites or clean
construction or demolition debris fill operation
facilities or sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction in
this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting or disposing

09800HB2907ham001 - 27 - LRB098 06257 JDS 43166 a
of waste or clean construction or demolition debris, or
proof of gross carelessness or incompetence in using clean
construction or demolition debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the
prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed contamination
at the site, unless such contamination is authorized under any
permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement, location
or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the

09800HB2907ham001 - 28 - LRB098 06257 JDS 43166 a
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be
deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions as
may be necessary to accomplish the purposes of this Act, and as
are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond
or other security shall not be required as a condition for the
issuance of a permit. If the Agency denies any permit pursuant
to this subsection, the Agency shall transmit to the applicant
within the time limitations of this subsection specific,
detailed statements as to the reasons the permit application
was denied. Such statements shall include but not be limited to

09800HB2907ham001 - 29 - LRB098 06257 JDS 43166 a
the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the
Agency; and
(4) a statement of specific reasons why the Act and the
regulations might be violated if the permit were granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90 day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of the
10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize

09800HB2907ham001 - 30 - LRB098 06257 JDS 43166 a
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded after
November 17, 1991, the composting area is located at least
1/8 mile from the nearest residence (other than a residence
located on the same property as the facility);
(4) the design of the facility will prevent any compost
material from being placed within 5 feet of the water
table, will adequately control runoff from the site, and
will collect and manage any leachate that is generated on
the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer than
10 years in duration for the composting of landscape wastes, as
defined in Section 3.155 of this Act, based on the above

09800HB2907ham001 - 31 - LRB098 06257 JDS 43166 a
requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.
(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank.)
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice of
the application in a newspaper of general circulation in the
county in which the MSWLF unit is or is proposed to be located.
The notice must be published at least 15 days before submission
of the permit application to the Agency. The notice shall state
the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the
MSWLF unit or proposed MSWLF unit, the nature of the activity
proposed, the probable life of the proposed activity, the date
the permit application will be submitted, and a statement that
persons may file written comments with the Agency concerning

09800HB2907ham001 - 32 - LRB098 06257 JDS 43166 a
the permit application within 30 days after the filing of the
permit application unless the time period to submit comments is
extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the
notice under this subsection.
(2) The Agency shall accept written comments concerning the
permit application that are postmarked no later than 30 days
after the filing of the permit application, unless the time
period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.

09800HB2907ham001 - 33 - LRB098 06257 JDS 43166 a
(q) Within 6 months after the effective date of this
amendatory Act of the 97th General Assembly, the Agency, in
consultation with the regulated community, shall develop a web
portal to be posted on its website for the purpose of enhancing
review and promoting timely issuance of permits required by
this Act. At a minimum, the Agency shall make the following
information available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not limited
to, existing instructions for completing the applications
and examples of complete applications. As the Agency
develops new checklists and develops guidance, it shall
supplement the web portal with those materials.
(2) Within 2 years after the effective date of this
amendatory Act of the 97th General Assembly, permit
application forms or portions of permit applications that
can be completed and saved electronically, and submitted to
the Agency electronically with digital signatures.
(3) Within 2 years after the effective date of this
amendatory Act of the 97th General Assembly, an online
tracking system where an applicant may review the status of
its pending application, including the name and contact
information of the permit analyst assigned to the
application. Until the online tracking system has been
developed, the Agency shall post on its website semi-annual

09800HB2907ham001 - 34 - LRB098 06257 JDS 43166 a
permitting efficiency tracking reports that include
statistics on the timeframes for Agency action on the
following types of permits received after the effective
date of this amendatory Act of the 97th General Assembly:
air construction permits, new NPDES permits and associated
water construction permits, and modifications of major
NPDES permits and associated water construction permits.
The reports must be posted by February 1 and August 1 each
year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which the
Agency has taken action, and the number of applications
still pending; and
(B) for those applications where the Agency has not
taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the

09800HB2907ham001 - 35 - LRB098 06257 JDS 43166 a
Agency informed the applicant of the problem leading to
the delay, and when the applicant remedied the reason
for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute
guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit

09800HB2907ham001 - 36 - LRB098 06257 JDS 43166 a
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The appropriate governing bodies county board of the
county or the governing body of the municipality, as determined
by paragraph (c) of Section 39 of this Act, shall approve or
disapprove the request for local siting approval for each
pollution control facility which is subject to such review. An
applicant for local siting approval shall submit sufficient
details describing the proposed facility to demonstrate
compliance, and local siting approval shall be granted only if
the proposed facility meets the following criteria:
(i) the facility is necessary to accommodate the waste
needs of the area it is intended to serve;
(ii) the facility is so designed, located and proposed
to be operated that the public health, safety and welfare
will be protected;
(iii) the facility is located so as to minimize
incompatibility with the character of the surrounding area
and to minimize the effect on the value of the surrounding
property;

09800HB2907ham001 - 37 - LRB098 06257 JDS 43166 a
(iv) (A) for a facility other than a sanitary landfill
or waste disposal site, the facility is located outside the
boundary of the 100 year flood plain or the site is
flood-proofed; (B) for a facility that is a sanitary
landfill or waste disposal site, the facility is located
outside the boundary of the 100-year floodplain, or if the
facility is a facility described in subsection (b)(3) of
Section 22.19a, the site is flood-proofed;
(v) the plan of operations for the facility is designed
to minimize the danger to the surrounding area from fire,
spills, or other operational accidents;
(vi) the traffic patterns to or from the facility are
so designed as to minimize the impact on existing traffic
flows;
(vii) if the facility will be treating, storing or
disposing of hazardous waste, an emergency response plan
exists for the facility which includes notification,
containment and evacuation procedures to be used in case of
an accidental release;
(viii) if the facility is to be located in a county
where the county board has adopted a solid waste management
plan consistent with the planning requirements of the Local
Solid Waste Disposal Act or the Solid Waste Planning and
Recycling Act, the facility is consistent with that plan;
for purposes of this criterion (viii), the "solid waste
management plan" means the plan that is in effect as of the

09800HB2907ham001 - 38 - LRB098 06257 JDS 43166 a
date the application for siting approval is filed; and
(ix) if the facility will be located within a regulated
recharge area, any applicable requirements specified by
the Board for such areas have been met.
The appropriate governing bodies county board or the
governing body of the municipality may also consider as
evidence the previous operating experience and past record of
convictions or admissions of violations of the applicant (and
any subsidiary or parent corporation) in the field of solid
waste management when considering criteria (ii) and (v) under
this Section.
If the facility is subject to the location restrictions in
Section 22.14 of this Act, compliance with that Section shall
be determined as of the date the application for siting
approval is filed.
(b) No later than 14 days before the date on which the
governing body county board or governing body of the
municipality receives a request for site approval, the
applicant shall cause written notice of such request to be
served either in person or by registered mail, return receipt
requested, on the owners of all property within the subject
area not solely owned by the applicant, and on the owners of
all property within 250 feet in each direction of the lot line
of the subject property, said owners being such persons or
entities which appear from the authentic tax records of the
County in which such facility is to be located; provided, that

09800HB2907ham001 - 39 - LRB098 06257 JDS 43166 a
the number of all feet occupied by all public roads, streets,
alleys and other public ways shall be excluded in computing the
250 feet requirement; provided further, that in no event shall
this requirement exceed 400 feet, including public streets,
alleys and other public ways.
Such written notice shall also be served upon members of
the General Assembly from the legislative district in which the
proposed facility is located and shall be published in a
newspaper of general circulation published in the county in
which the site is located.
Such notice shall state the name and address of the
applicant, the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request for site approval will be submitted, and a description
of the right of persons to comment on such request as hereafter
provided.
(c) An applicant shall file a copy of its request with the
appropriate governing bodies county board of the county or the
governing body of the municipality in which the proposed site
is located. The request shall include (i) the substance of the
applicant's proposal and (ii) all documents, if any, submitted
as of that date to the Agency pertaining to the proposed
facility, except trade secrets as determined under Section 7.1
of this Act. All such documents or other materials on file with
the county board or governing body of the municipality shall be

09800HB2907ham001 - 40 - LRB098 06257 JDS 43166 a
made available for public inspection at the office of the
county board or the governing body of the municipality and may
be copied upon payment of the actual cost of reproduction.
Any person may file written comment with the appropriate
governing bodies county board or governing body of the
municipality concerning the appropriateness of the proposed
site for its intended purpose. The appropriate governing bodies
county board or governing body of the municipality shall
consider any comment received or postmarked not later than 30
days after the date of the last public hearing.
(d) At least one public hearing is to be held by the
appropriate governing bodies county board or governing body of
the municipality no sooner than 90 days but no later than 120
days after the date on which it received the request for site
approval. No later than 14 days prior to such hearing, notice
shall be published in a newspaper of general circulation
published in the county of the proposed site, and delivered by
certified mail to all members of the General Assembly from the
district in which the proposed site is located, to the
governing authority of every municipality contiguous to the
proposed site or contiguous to the municipality in which the
proposed site is to be located, to the county board of the
county where the proposed site is to be located, if the
proposed site is located within the boundaries of a
municipality, and to the Agency. Members or representatives of
the governing authority of a municipality contiguous to the

09800HB2907ham001 - 41 - LRB098 06257 JDS 43166 a
proposed site or contiguous to the municipality in which the
proposed site is to be located and, if the proposed site is
located in a municipality, members or representatives of the
county board of a county in which the proposed site is to be
located may appear at and participate in public hearings held
pursuant to this Section. The public hearing shall develop a
record sufficient to form the basis of appeal of the decision
in accordance with Section 40.1 of this Act. The fact that a
member of a the county board or governing body of a the
municipality has publicly expressed an opinion on an issue
related to a site review proceeding shall not preclude the
member from taking part in the proceeding and voting on the
issue.
(e) Decisions of the appropriate governing bodies county
board or governing body of the municipality are to be in
writing, specifying the reasons for the decision, such reasons
to be in conformance with subsection (a) of this Section. In
granting approval for a site the appropriate governing bodies
county board or governing body of the municipality may impose
such conditions as may be reasonable and necessary to
accomplish the purposes of this Section and as are not
inconsistent with regulations promulgated by the Board. Such
decision shall be available for public inspection at the office
of the county board or governing body of the municipality and
may be copied upon payment of the actual cost of reproduction.
If there is no final action by the appropriate governing bodies

09800HB2907ham001 - 42 - LRB098 06257 JDS 43166 a
county board or governing body of the municipality within 180
days after the date on which it received the request for site
approval, the applicant may deem the request approved.
At any time prior to completion by the applicant of the
presentation of the applicant's factual evidence and an
opportunity for cross-questioning by the appropriate governing
bodies county board or governing body of the municipality and
any participants, the applicant may file not more than one
amended application upon payment of additional fees pursuant to
subsection (k); in which case the time limitation for final
action set forth in this subsection (e) shall be extended for
an additional period of 90 days.
If, prior to making a final local siting decision, a county
board or governing body of a municipality has negotiated and
entered into a host agreement with the local siting applicant,
the terms and conditions of the host agreement, whether written
or oral, shall be disclosed and made a part of the hearing
record for that local siting proceeding. In the case of an oral
agreement, the disclosure shall be made in the form of a
written summary jointly prepared and submitted by the county
board or governing body of the municipality and the siting
applicant and shall describe the terms and conditions of the
oral agreement.
(e-5) Siting approval obtained pursuant to this Section is
transferable and may be transferred to a subsequent owner or
operator. In the event that siting approval has been

09800HB2907ham001 - 43 - LRB098 06257 JDS 43166 a
transferred to a subsequent owner or operator, that subsequent
owner or operator assumes and takes subject to any and all
conditions imposed upon the prior owner or operator by the
county board of the county or governing body of the
municipality pursuant to subsection (e). However, any such
conditions imposed pursuant to this Section may be modified by
agreement between the subsequent owner or operator and the
appropriate county board or governing body. Further, in the
event that siting approval obtained pursuant to this Section
has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes all rights and obligations
and takes the facility subject to any and all terms and
conditions of any existing host agreement between the prior
owner or operator and the appropriate county board or governing
body.
(f) A local siting approval granted under this Section
shall expire at the end of 2 calendar years from the date upon
which it was granted, unless the local siting approval granted
under this Section is for a sanitary landfill operation, in
which case the approval shall expire at the end of 3 calendar
years from the date upon which it was granted, and unless
within that period the applicant has made application to the
Agency for a permit to develop the site. In the event that the
local siting decision has been appealed, such expiration period
shall be deemed to begin on the date upon which the appeal
process is concluded.

09800HB2907ham001 - 44 - LRB098 06257 JDS 43166 a
Except as otherwise provided in this subsection, upon the
expiration of a development permit under subsection (k) of
Section 39, any associated local siting approval granted for
the facility under this Section shall also expire.
If a first development permit for a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances beyond the
control of the applicant, any associated local siting approval
granted for the facility under this Section may be used to
fulfill the local siting approval requirement upon application
for a second development permit for the same site, provided
that the proposal in the new application is materially the
same, with respect to the criteria in subsection (a) of this
Section, as the proposal that received the original siting
approval, and application for the second development permit is
made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and appeal procedures for facilities subject to such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing or
new pollution control facility located within the corporate
limits of a municipality with a population of over 1,000,000.
(i) (Blank.)

09800HB2907ham001 - 45 - LRB098 06257 JDS 43166 a
The Board shall adopt regulations establishing the
geologic and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by the
Agency in its review of permit applications for new pollution
control facilities. Such regulations, insofar as they apply to
new pollution control facilities authorized to store, treat or
dispose of any hazardous waste, shall be at least as stringent
as the requirements of the Resource Conservation and Recovery
Act and any State or federal regulations adopted pursuant
thereto.
(j) Any new pollution control facility which has never
obtained local siting approval under the provisions of this
Section shall be required to obtain such approval after a final
decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality may
charge applicants for siting review under this Section a
reasonable fee to cover the reasonable and necessary costs
incurred by such county or municipality in the siting review
process.
(l) The governing Authority as determined by subsection (c)
of Section 39 of this Act may request the Department of
Transportation to perform traffic impact studies of proposed or
potential locations for required pollution control facilities.
(m) An applicant may not file a request for local siting
approval which is substantially the same as a request which was
disapproved pursuant to a finding against the applicant under

09800HB2907ham001 - 46 - LRB098 06257 JDS 43166 a
any of criteria (i) through (ix) of subsection (a) of this
Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county
board or governing body of a municipality made pursuant to the
local siting review process, the petitioner in the review
proceeding shall pay to the county or municipality the cost of
preparing and certifying the record of proceedings. Should the
petitioner in the review proceeding fail to make payment, the
provisions of Section 3-109 of the Code of Civil Procedure
shall apply.
In the event the petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such petitioner shall be
exempt from paying the costs of preparing and certifying the
record.
(o) Notwithstanding any other provision of this Section, a
transfer station used exclusively for landscape waste, where
landscape waste is held no longer than 24 hours from the time
it was received, is not subject to the requirements of local
siting approval under this Section, but is subject only to
local zoning approval.
(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)
(415 ILCS 5/39.2a new)
Sec. 39.2a. Operational approval for PCB facilities
affecting community water supplies. Notwithstanding any other

09800HB2907ham001 - 47 - LRB098 06257 JDS 43166 a
provision of this Act, in order to protect the public health,
safety, and welfare of the people of the State of Illinois,
beginning on the effective date of this amendatory Act of the
98th General Assembly, no site or facility for the treatment,
storage, or disposal of polychlorinated biphenyls (PCBs) or PCB
Items regulated under Subpart D of 40 C.F.R. 761 that is
located less than 500 feet above an aquifer that currently
provides the only source of potable water for a community water
supply shall commence or continue treating, storing, disposing
of, or accepting for treatment, storage, or disposal any
polychlorinated biphenyls (PCBs) or PCB Items unless the owner
or operator of that site or facility submits proof to the
Agency that the operation of the facility on and after the
effective date of this amendatory Act of the 98th General
Assembly has been approved by ordinances duly adopted by the
county board of each county located, in or whole in part,
within the aquifer's boundaries and the governing body of each
municipality located, in or whole or part, within the aquifer's
boundaries.
Section 99. Effective date. This Act takes effect upon
becoming law.".