Bill Text: IL HB4093 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that a third party may petition the Pollution Control Board if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source. Contains provisions regarding environmental justice grievances. Defines "environmental justice community". Contains other provisions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2021-05-28 - Added Co-Sponsor Rep. Barbara Hernandez [HB4093 Detail]

Download: Illinois-2021-HB4093-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4093

Introduced , by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:
See Index

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Provides that a supplemental fee of $200,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that a third party may petition the Pollution Control Board if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source. Contains provisions regarding environmental justice grievances. Defines "environmental justice community". Contains other provisions.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4093LRB102 18582 CPF 26885 b
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 Sections 9.12, 39, 39.2, and 40 and by adding
6Sections 3.187, 3.281, 22.62, 34.5, 39.15, and 40.4 as
7follows:
8 (415 ILCS 5/3.187 new)
9 Sec. 3.187. Environmental justice community.
10"Environmental justice community" has the same meaning, based
11on existing methodologies and findings, used in the Illinois
12Solar for All Program, as may be updated by the Illinois Power
13Agency and the Program Administrator of that Program.
14 (415 ILCS 5/3.281 new)
15 Sec. 3.281. Linguistic isolation. "Linguistic isolation"
16means a household in which all members age 14 years and older
17speak a non-English language and speak English less than very
18well, according to the United States Census Bureau's latest
19one-year or 5-year American Community Survey. A community
20surrounding a facility is in linguistic isolation if 20% of
21the households in the community's surrounding one-mile radius
22meet the United States Census Bureau's definition for

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1linguistic isolation.
2 (415 ILCS 5/9.12)
3 Sec. 9.12. Construction permit fees for air pollution
4sources.
5 (a) An applicant for a new or revised air pollution
6construction permit shall pay a fee, as established in this
7Section, to the Agency at the time that he or she submits the
8application for a construction permit. Except as set forth
9below, the fee for each activity or category listed in this
10Section is separate and is cumulative with any other
11applicable fee listed in this Section.
12 (b) The fee amounts in this subsection (b) apply to
13construction permit applications relating to (i) a source
14subject to Section 39.5 of this Act (the Clean Air Act Permit
15Program); (ii) a source that, upon issuance of the requested
16construction permit, will become a major source subject to
17Section 39.5; or (iii) a source that has or will require a
18federally enforceable State operating permit limiting its
19potential to emit.
20 (1) Base fees for each construction permit application
21 shall be assessed as follows:
22 (A) If the construction permit application relates
23 to one or more new emission units or to a combination
24 of new and modified emission units, a fee of $4,000 for
25 the first new emission unit and a fee of $1,000 for

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1 each additional new or modified emission unit;
2 provided that the total base fee under this
3 subdivision (A) shall not exceed $10,000.
4 (B) If the construction permit application relates
5 to one or more modified emission units but not to any
6 new emission unit, a fee of $2,000 for the first
7 modified emission unit and a fee of $1,000 for each
8 additional modified emission unit; provided that the
9 total base fee under this subdivision (B) shall not
10 exceed $5,000.
11 (2) Supplemental fees for each construction permit
12 application shall be assessed as follows:
13 (A) If, based on the construction permit
14 application, the source will be, but is not currently,
15 subject to Section 39.5 of this Act, a CAAPP entry fee
16 of $5,000.
17 (B) If the construction permit application
18 involves (i) a new source or emission unit subject to
19 Section 39.2 of this Act, (ii) a commercial
20 incinerator or other municipal waste, hazardous waste,
21 or waste tire incinerator, (iii) a commercial power
22 generator, or (iv) one or more other emission units
23 designated as a complex source by Agency rulemaking, a
24 fee of $25,000.
25 (C) If the construction permit application
26 involves an emissions netting exercise or reliance on

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1 a contemporaneous emissions decrease for a pollutant
2 to avoid application of the PSD permit program or
3 nonattainment new source review, a fee of $3,000 for
4 each such pollutant.
5 (D) If the construction permit application is for
6 a new major source subject to the PSD permit program, a
7 fee of $12,000.
8 (E) If the construction permit application is for
9 a new major source subject to nonattainment new source
10 review, a fee of $20,000.
11 (F) If the construction permit application is for
12 a major modification subject to the PSD permit
13 program, a fee of $6,000.
14 (G) If the construction permit application is for
15 a major modification subject to nonattainment new
16 source review, a fee of $12,000.
17 (H) (Blank).
18 (I) If the construction permit application review
19 involves a determination of the Maximum Achievable
20 Control Technology standard for a pollutant and the
21 project is not otherwise subject to BACT or LAER for a
22 related pollutant under the PSD permit program or
23 nonattainment new source review, a fee of $5,000 per
24 unit for which a determination is requested or
25 otherwise required.
26 (J) (Blank).

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1 (K) If the construction permit application is
2 subject to the requirements under subsection (z) or
3 subsection (aa) of Section 39, a fee of $200,000.
4 (3) If a public hearing is held regarding the
5 construction permit application, an administrative fee of
6 $10,000. This fee shall be submitted at the time the
7 applicant requests a public hearing or, if a public
8 hearing is not requested by the applicant, then within 30
9 days after the applicant is informed by the Agency that a
10 public hearing will be held.
11 (c) The fee amounts in this subsection (c) apply to
12construction permit applications relating to a source that,
13upon issuance of the construction permit, will not (i) be or
14become subject to Section 39.5 of this Act (the Clean Air Act
15Permit Program) or (ii) have or require a federally
16enforceable state operating permit limiting its potential to
17emit.
18 (1) Base fees for each construction permit application
19 shall be assessed as follows:
20 (A) For a construction permit application
21 involving a single new emission unit, a fee of $500.
22 (B) For a construction permit application
23 involving more than one new emission unit, a fee of
24 $1,000.
25 (C) For a construction permit application
26 involving no more than 2 modified emission units, a

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1 fee of $500.
2 (D) For a construction permit application
3 involving more than 2 modified emission units, a fee
4 of $1,000.
5 (2) Supplemental fees for each construction permit
6 application shall be assessed as follows:
7 (A) If the source is a new source, i.e., does not
8 currently have an operating permit, an entry fee of
9 $500;
10 (B) If the construction permit application
11 involves (i) a new source or emission unit subject to
12 Section 39.2 of this Act, (ii) a commercial
13 incinerator or a municipal waste, hazardous waste, or
14 waste tire incinerator, (iii) a commercial power
15 generator, or (iv) an emission unit designated as a
16 complex source by Agency rulemaking, a fee of $15,000.
17 (3) If a public hearing is held regarding the
18 construction permit application, an administrative fee of
19 $10,000. This fee shall be submitted at the time the
20 applicant requests a public hearing or, if a public
21 hearing is not requested by the applicant, then within 30
22 days after the applicant is informed by the Agency that a
23 public hearing will be held.
24 (d) If no other fee is applicable under this Section, a
25construction permit application addressing one or more of the
26following shall be subject to a filing fee of $500:

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1 (1) A construction permit application to add or
2 replace a control device on a permitted emission unit.
3 (2) A construction permit application to conduct a
4 pilot project or trial burn for a permitted emission unit.
5 (3) A construction permit application for a land
6 remediation project.
7 (4) (Blank).
8 (5) A construction permit application to revise an
9 emissions testing methodology or the timing of required
10 emissions testing.
11 (6) A construction permit application that provides
12 for a change in the name, address, or phone number of any
13 person identified in the permit, or for a change in the
14 stated ownership or control, or for a similar minor
15 administrative permit change at the source.
16 (e) No fee shall be assessed for a request to correct an
17issued permit that involves only an Agency error, if the
18request is received within the deadline for a permit appeal to
19the Pollution Control Board.
20 (f) The applicant for a new or revised air pollution
21construction permit shall submit to the Agency, with the
22construction permit application, both a certification of the
23fee that he or she estimates to be due under this Section and
24the fee itself.
25 (g) Notwithstanding the requirements of subsection (a) of
26Section 39 of this Act, the application for an air pollution

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1construction permit shall not be deemed to be filed with the
2Agency until the Agency receives the initial air pollution
3construction permit application fee and the certified estimate
4of the fee required by this Section. Unless the Agency has
5received the initial air pollution construction permit
6application fee and the certified estimate of the fee required
7by this Section, the Agency is not required to review or
8process the application.
9 (h) If the Agency determines at any time that a
10construction permit application is subject to an additional
11fee under this Section that the applicant has not submitted,
12the Agency shall notify the applicant in writing of the amount
13due under this Section. The applicant shall have 60 days to
14remit the assessed fee to the Agency.
15 If the proper fee established under this Section is not
16submitted within 60 days after the request for further
17remittance:
18 (1) If the construction permit has not yet been
19 issued, the Agency is not required to further review or
20 process, and the provisions of subsection (a) of Section
21 39 of this Act do not apply to, the application for a
22 construction permit until such time as the proper fee is
23 remitted.
24 (2) If the construction permit has been issued, the
25 Agency may, upon written notice, immediately revoke the
26 construction permit.

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1 The denial or revocation of a construction permit does not
2excuse the applicant from the duty of paying the fees required
3under this Section.
4 (i) The Agency may deny the issuance of a pending air
5pollution construction permit or the subsequent operating
6permit if the applicant has not paid the required fees by the
7date required for issuance of the permit. The denial or
8revocation of a permit for failure to pay a construction
9permit fee is subject to review by the Board pursuant to the
10provisions of subsection (a) of Section 40 of this Act.
11 (j) If the owner or operator undertakes construction
12without obtaining an air pollution construction permit, the
13fee under this Section is still required. Payment of the
14required fee does not preclude the Agency or the Attorney
15General or other authorized persons from pursuing enforcement
16against the applicant for failure to have an air pollution
17construction permit prior to commencing construction.
18 (k) If an air pollution construction permittee makes a fee
19payment under this Section from an account with insufficient
20funds to cover the amount of the fee payment, the Agency shall
21notify the permittee of the failure to pay the fee. If the
22permittee fails to pay the fee within 60 days after such
23notification, the Agency may, by written notice, immediately
24revoke the air pollution construction permit. Failure of the
25Agency to notify the permittee of the permittee's failure to
26make payment does not excuse or alter the duty of the permittee

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1to comply with the provisions of this Section.
2 (l) The Agency may establish procedures for the collection
3of air pollution construction permit fees.
4 (m) Fees collected pursuant to this Section shall be
5deposited into the Environmental Protection Permit and
6Inspection Fund.
7(Source: P.A. 99-463, eff. 1-1-16.)
8 (415 ILCS 5/22.62 new)
9 Sec. 22.62. Environmental justice community designation.
10 (a) The Agency shall annually review and update the
11underlying data for, and use of, indicators used to determine
12whether a community is designated as an environmental justice
13community under Section 3.187 for the sake of accuracy and to
14comport with best practices as developed by relevant entities,
15including, but not limited to: the United States Environmental
16Protection Agency; State agencies, including the Department of
17Public Health, the Illinois Housing Development Authority, the
18State Board of Education, the Illinois Power Agency, the
19Department of Agriculture, and the Department of Natural
20Resources; municipalities and units of local government; and
21the executive branches, agencies, municipalities, and units of
22local government in other states.
23 (b) The Agency shall establish a process by which
24communities not designated as environmental justice
25communities may petition for such a designation.

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1 (c) The Agency shall include representatives of State
2environmental justice organizations, other State environmental
3justice stakeholders, and the Commission on Environmental
4Justice in the development of the processes required to be
5established under this Section.
6 (415 ILCS 5/34.5 new)
7 Sec. 34.5. Environmentally beneficial project bank.
8 (a) The Agency shall establish and maintain on its website
9a bank of potential environmentally beneficial projects. The
10website must permit members of the public to submit
11suggestions for environmentally beneficial projects. The
12Agency shall assess the submissions for feasibility and
13clarity before inclusion in the bank.
14 (b) A respondent or defendant may propose to undertake an
15environmentally beneficial project that is not contained in
16the environmentally beneficial project bank established under
17subsection (a).
18 (c) If funds for an environmentally beneficial project are
19derived from penalties resulting from an administrative,
20civil, or criminal enforcement action arising from an alleged
21violation by a facility, site, or activity in an environmental
22justice community, the Agency must require that the funds be
23utilized for an environmentally beneficial project in the
24environmental justice community where the alleged violation
25occurred.

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1 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
2 Sec. 39. Issuance of permits; procedures.
3 (a) When the Board has by regulation required a permit for
4the construction, installation, or operation of any type of
5facility, equipment, vehicle, vessel, or aircraft, the
6applicant shall apply to the Agency for such permit and it
7shall be the duty of the Agency to issue such a permit upon
8proof by the applicant that the facility, equipment, vehicle,
9vessel, or aircraft will not cause a violation of this Act or
10of regulations hereunder. The Agency shall adopt such
11procedures as are necessary to carry out its duties under this
12Section. In making its determinations on permit applications
13under this Section the Agency shall may consider prior
14administrative, civil, and criminal enforcement actions
15alleging adjudications of noncompliance with this Act or a
16local environmental ordinance, court order, consent order, or
17compliance commitment agreement by the applicant that involved
18a release of a contaminant into the environment by the
19applicant. In granting permits, the Agency shall may impose
20reasonable conditions specifically related to the applicant's
21past compliance history with this Act and the local
22environmental ordinance, court order, consent order, or
23compliance commitment agreement as necessary to correct,
24detect, or prevent noncompliance with this Act and to prevent
25a similar release of contaminants into the environment. The

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1Agency shall may impose such other conditions as may be
2necessary to accomplish the purposes of this Act, and as are
3not inconsistent with the regulations promulgated by the Board
4hereunder. Except as otherwise provided in this Act, a bond or
5other security shall not be required as a condition for the
6issuance of a permit. If the Agency denies any permit under
7this Section, the Agency shall transmit to the applicant
8within the time limitations of this Section specific, detailed
9statements as to the reasons the permit application was
10denied. Such statements shall include, but not be limited to
11the following:
12 (i) the Sections of this Act which may be violated if
13 the permit were granted;
14 (ii) the provision of the regulations, promulgated
15 under this Act, which may be violated if the permit were
16 granted;
17 (iii) the specific type of information, if any, which
18 the Agency deems the applicant did not provide the Agency;
19 and
20 (iv) a statement of specific reasons why the Act and
21 the regulations might not be met if the permit were
22 granted.
23 If there is no final action by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued; except that this time period shall
26be extended to 180 days when (1) notice and opportunity for

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1public hearing are required by State or federal law or
2regulation, (2) the application which was filed is for any
3permit to develop a landfill subject to issuance pursuant to
4this subsection, or (3) the application that was filed is for a
5MSWLF unit required to issue public notice under subsection
6(p) of Section 39. The 90-day and 180-day time periods for the
7Agency to take final action do not apply to NPDES permit
8applications under subsection (b) of this Section, to RCRA
9permit applications under subsection (d) of this Section, to
10UIC permit applications under subsection (e) of this Section,
11or to CCR surface impoundment applications under subsection
12(y) of this Section.
13 The Agency shall publish notice of all final permit
14determinations for development permits for MSWLF units and for
15significant permit modifications for lateral expansions for
16existing MSWLF units one time in a newspaper of general
17circulation in the county in which the unit is or is proposed
18to be located.
19 After January 1, 1994 and until July 1, 1998, operating
20permits issued under this Section by the Agency for sources of
21air pollution permitted to emit less than 25 tons per year of
22any combination of regulated air pollutants, as defined in
23Section 39.5 of this Act, shall be required to be renewed only
24upon written request by the Agency consistent with applicable
25provisions of this Act and regulations promulgated hereunder.
26Such operating permits shall expire 180 days after the date of

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1such a request. The Board shall revise its regulations for the
2existing State air pollution operating permit program
3consistent with this provision by January 1, 1994.
4 After June 30, 1998, operating permits issued under this
5Section by the Agency for sources of air pollution that are not
6subject to Section 39.5 of this Act and are not required to
7have a federally enforceable State operating permit shall be
8required to be renewed only upon written request by the Agency
9consistent with applicable provisions of this Act and its
10rules. Such operating permits shall expire 180 days after the
11date of such a request. Before July 1, 1998, the Board shall
12revise its rules for the existing State air pollution
13operating permit program consistent with this paragraph and
14shall adopt rules that require a source to demonstrate that it
15qualifies for a permit under this paragraph.
16 (b) The Agency may issue NPDES permits exclusively under
17this subsection for the discharge of contaminants from point
18sources into navigable waters, all as defined in the Federal
19Water Pollution Control Act, as now or hereafter amended,
20within the jurisdiction of the State, or into any well.
21 All NPDES permits shall contain those terms and
22conditions, including, but not limited to, schedules of
23compliance, which may be required to accomplish the purposes
24and provisions of this Act.
25 The Agency may issue general NPDES permits for discharges
26from categories of point sources which are subject to the same

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1permit limitations and conditions. Such general permits may be
2issued without individual applications and shall conform to
3regulations promulgated under Section 402 of the Federal Water
4Pollution Control Act, as now or hereafter amended.
5 The Agency may include, among such conditions, effluent
6limitations and other requirements established under this Act,
7Board regulations, the Federal Water Pollution Control Act, as
8now or hereafter amended, and regulations pursuant thereto,
9and schedules for achieving compliance therewith at the
10earliest reasonable date.
11 The Agency shall adopt filing requirements and procedures
12which are necessary and appropriate for the issuance of NPDES
13permits, and which are consistent with the Act or regulations
14adopted by the Board, and with the Federal Water Pollution
15Control Act, as now or hereafter amended, and regulations
16pursuant thereto.
17 The Agency, subject to any conditions which may be
18prescribed by Board regulations, may issue NPDES permits to
19allow discharges beyond deadlines established by this Act or
20by regulations of the Board without the requirement of a
21variance, subject to the Federal Water Pollution Control Act,
22as now or hereafter amended, and regulations pursuant thereto.
23 (c) Except for those facilities owned or operated by
24sanitary districts organized under the Metropolitan Water
25Reclamation District Act, no permit for the development or
26construction of a new pollution control facility may be

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1granted by the Agency unless the applicant submits proof to
2the Agency that the location of the facility has been approved
3by the county board County Board of the county if in an
4unincorporated area, or the governing body of the municipality
5when in an incorporated area, in which the pollution control
6facility is to be located in accordance with Section 39.2 of
7this Act. For purposes of this subsection (c), and for
8purposes of Section 39.2 of this Act, the appropriate county
9board or governing body of the municipality shall be the
10county board of the county or the governing body of the
11municipality in which the pollution control facility is to be
12located as of the date when the application for siting
13approval is filed.
14 In the event that siting approval granted pursuant to
15Section 39.2 has been transferred to a subsequent owner or
16operator, that subsequent owner or operator may apply to the
17Agency for, and the Agency may grant, a development or
18construction permit for the pollution control facility for
19which local siting approval was granted. Upon application to
20the Agency for a development or construction permit by that
21subsequent owner or operator, the permit applicant shall cause
22written notice of the permit application to be served upon the
23appropriate county board or governing body of the municipality
24that granted siting approval for that pollution control
25facility and upon any party to the siting proceeding pursuant
26to which siting approval was granted. In that event, the

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1Agency shall conduct an evaluation of the subsequent owner or
2operator's prior experience in waste management operations in
3the manner conducted under subsection (i) of Section 39 of
4this Act.
5 Beginning August 20, 1993, if the pollution control
6facility consists of a hazardous or solid waste disposal
7facility for which the proposed site is located in an
8unincorporated area of a county with a population of less than
9100,000 and includes all or a portion of a parcel of land that
10was, on April 1, 1993, adjacent to a municipality having a
11population of less than 5,000, then the local siting review
12required under this subsection (c) in conjunction with any
13permit applied for after that date shall be performed by the
14governing body of that adjacent municipality rather than the
15county board of the county in which the proposed site is
16located; and for the purposes of that local siting review, any
17references in this Act to the county board shall be deemed to
18mean the governing body of that adjacent municipality;
19provided, however, that the provisions of this paragraph shall
20not apply to any proposed site which was, on April 1, 1993,
21owned in whole or in part by another municipality.
22 In the case of a pollution control facility for which a
23development permit was issued before November 12, 1981, if an
24operating permit has not been issued by the Agency prior to
25August 31, 1989 for any portion of the pollution control
26facility, then the Agency may not issue or renew any

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1development permit nor issue an original operating permit for
2any portion of such pollution control facility unless the
3applicant has submitted proof to the Agency that the location
4of the pollution control facility has been approved by the
5appropriate county board or municipal governing body pursuant
6to Section 39.2 of this Act.
7 After January 1, 1994, if a solid waste disposal facility,
8any portion for which an operating permit has been issued by
9the Agency, has not accepted waste disposal for 5 or more
10consecutive calendar calendars years, before that facility may
11accept any new or additional waste for disposal, the owner and
12operator must obtain a new operating permit under this Act for
13that facility unless the owner and operator have applied to
14the Agency for a permit authorizing the temporary suspension
15of waste acceptance. The Agency may not issue a new operation
16permit under this Act for the facility unless the applicant
17has submitted proof to the Agency that the location of the
18facility has been approved or re-approved by the appropriate
19county board or municipal governing body under Section 39.2 of
20this Act after the facility ceased accepting waste.
21 Except for those pollution control facilities owned or
22operated by sanitary districts organized under the
23Metropolitan Water Reclamation District Act, and except for
24new pollution control facilities governed by Section 39.2, and
25except for fossil fuel mining facilities, the granting of a
26permit under this Act shall not relieve the applicant from

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1meeting and securing all necessary zoning approvals from the
2unit of government having zoning jurisdiction over the
3proposed facility.
4 Before beginning construction on any new sewage treatment
5plant or sludge drying site to be owned or operated by a
6sanitary district organized under the Metropolitan Water
7Reclamation District Act for which a new permit (rather than
8the renewal or amendment of an existing permit) is required,
9such sanitary district shall hold a public hearing within the
10municipality within which the proposed facility is to be
11located, or within the nearest community if the proposed
12facility is to be located within an unincorporated area, at
13which information concerning the proposed facility shall be
14made available to the public, and members of the public shall
15be given the opportunity to express their views concerning the
16proposed facility.
17 The Agency may issue a permit for a municipal waste
18transfer station without requiring approval pursuant to
19Section 39.2 provided that the following demonstration is
20made:
21 (1) the municipal waste transfer station was in
22 existence on or before January 1, 1979 and was in
23 continuous operation from January 1, 1979 to January 1,
24 1993;
25 (2) the operator submitted a permit application to the
26 Agency to develop and operate the municipal waste transfer

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1 station during April of 1994;
2 (3) the operator can demonstrate that the county board
3 of the county, if the municipal waste transfer station is
4 in an unincorporated area, or the governing body of the
5 municipality, if the station is in an incorporated area,
6 does not object to resumption of the operation of the
7 station; and
8 (4) the site has local zoning approval.
9 No permit for the development or construction of any of
10the following will be granted by the Agency unless the
11applicant submits proof to the Agency that the location of the
12source has been approved by the county board of the county, if
13in an unincorporated area, or the governing body of a
14municipality, when in an incorporated area, in which the
15source is to be located in accordance with Section 39.2: (i) a
16new or modified source that, upon issuance of the requested
17construction permit, will become a major source subject to
18Section 39.5 to be located in an environmental justice
19community; or (ii) a new source that has or will require a
20federally enforceable State operating permit and that will be
21located in an environmental justice community. For purposes of
22this subsection (c), and for purposes of Section 39.2, the
23appropriate county board or governing body of the municipality
24shall be the county board of the county or the governing body
25of the municipality in which the source is to be located as of
26the date when the application for siting approval is filed.

HB4093- 22 -LRB102 18582 CPF 26885 b
1This provision does not apply to permits for modifications or
2expansions at existing FESOP or CAAPP sources unless the
3modification will result in an increase in the hourly rate of
4emissions or the total annual emissions of any air pollutant.
5 (d) The Agency may issue RCRA permits exclusively under
6this subsection to persons owning or operating a facility for
7the treatment, storage, or disposal of hazardous waste as
8defined under this Act. Subsection (y) of this Section, rather
9than this subsection (d), shall apply to permits issued for
10CCR surface impoundments.
11 All RCRA permits shall contain those terms and conditions,
12including, but not limited to, schedules of compliance, which
13may be required to accomplish the purposes and provisions of
14this Act. The Agency may include among such conditions
15standards and other requirements established under this Act,
16Board regulations, the Resource Conservation and Recovery Act
17of 1976 (P.L. 94-580), as amended, and regulations pursuant
18thereto, and may include schedules for achieving compliance
19therewith as soon as possible. The Agency shall require that a
20performance bond or other security be provided as a condition
21for the issuance of a RCRA permit.
22 In the case of a permit to operate a hazardous waste or PCB
23incinerator as defined in subsection (k) of Section 44, the
24Agency shall require, as a condition of the permit, that the
25operator of the facility perform such analyses of the waste to
26be incinerated as may be necessary and appropriate to ensure

HB4093- 23 -LRB102 18582 CPF 26885 b
1the safe operation of the incinerator.
2 The Agency shall adopt filing requirements and procedures
3which are necessary and appropriate for the issuance of RCRA
4permits, and which are consistent with the Act or regulations
5adopted by the Board, and with the Resource Conservation and
6Recovery Act of 1976 (P.L. 94-580), as amended, and
7regulations pursuant thereto.
8 The applicant shall make available to the public for
9inspection all documents submitted by the applicant to the
10Agency in furtherance of an application, with the exception of
11trade secrets, at the office of the county board or governing
12body of the municipality. Such documents may be copied upon
13payment of the actual cost of reproduction during regular
14business hours of the local office. The Agency shall issue a
15written statement concurrent with its grant or denial of the
16permit explaining the basis for its decision.
17 (e) The Agency may issue UIC permits exclusively under
18this subsection to persons owning or operating a facility for
19the underground injection of contaminants as defined under
20this Act.
21 All UIC permits shall contain those terms and conditions,
22including, but not limited to, schedules of compliance, which
23may be required to accomplish the purposes and provisions of
24this Act. The Agency may include among such conditions
25standards and other requirements established under this Act,
26Board regulations, the Safe Drinking Water Act (P.L. 93-523),

HB4093- 24 -LRB102 18582 CPF 26885 b
1as amended, and regulations pursuant thereto, and may include
2schedules for achieving compliance therewith. The Agency shall
3require that a performance bond or other security be provided
4as a condition for the issuance of a UIC permit.
5 The Agency shall adopt filing requirements and procedures
6which are necessary and appropriate for the issuance of UIC
7permits, and which are consistent with the Act or regulations
8adopted by the Board, and with the Safe Drinking Water Act
9(P.L. 93-523), as amended, and regulations pursuant thereto.
10 The applicant shall make available to the public for
11inspection, all documents submitted by the applicant to the
12Agency in furtherance of an application, with the exception of
13trade secrets, at the office of the county board or governing
14body of the municipality. Such documents may be copied upon
15payment of the actual cost of reproduction during regular
16business hours of the local office. The Agency shall issue a
17written statement concurrent with its grant or denial of the
18permit explaining the basis for its decision.
19 (f) In making any determination pursuant to Section 9.1 of
20this Act:
21 (1) The Agency shall have authority to make the
22 determination of any question required to be determined by
23 the Clean Air Act, as now or hereafter amended, this Act,
24 or the regulations of the Board, including the
25 determination of the Lowest Achievable Emission Rate,
26 Maximum Achievable Control Technology, or Best Available

HB4093- 25 -LRB102 18582 CPF 26885 b
1 Control Technology, consistent with the Board's
2 regulations, if any.
3 (2) The Agency shall adopt requirements as necessary
4 to implement public participation procedures, including,
5 but not limited to, public notice, comment, and an
6 opportunity for hearing, which must accompany the
7 processing of applications for PSD permits. The Agency
8 shall briefly describe and respond to all significant
9 comments on the draft permit raised during the public
10 comment period or during any hearing. The Agency may group
11 related comments together and provide one unified response
12 for each issue raised.
13 (3) Any complete permit application submitted to the
14 Agency under this subsection for a PSD permit shall be
15 granted or denied by the Agency not later than one year
16 after the filing of such completed application.
17 (4) The Agency shall, after conferring with the
18 applicant, give written notice to the applicant of its
19 proposed decision on the application, including the terms
20 and conditions of the permit to be issued and the facts,
21 conduct, or other basis upon which the Agency will rely to
22 support its proposed action.
23 (g) The Agency shall include as conditions upon all
24permits issued for hazardous waste disposal sites such
25restrictions upon the future use of such sites as are
26reasonably necessary to protect public health and the

HB4093- 26 -LRB102 18582 CPF 26885 b
1environment, including permanent prohibition of the use of
2such sites for purposes which may create an unreasonable risk
3of injury to human health or to the environment. After
4administrative and judicial challenges to such restrictions
5have been exhausted, the Agency shall file such restrictions
6of record in the Office of the Recorder of the county in which
7the hazardous waste disposal site is located.
8 (h) A hazardous waste stream may not be deposited in a
9permitted hazardous waste site unless specific authorization
10is obtained from the Agency by the generator and disposal site
11owner and operator for the deposit of that specific hazardous
12waste stream. The Agency may grant specific authorization for
13disposal of hazardous waste streams only after the generator
14has reasonably demonstrated that, considering technological
15feasibility and economic reasonableness, the hazardous waste
16cannot be reasonably recycled for reuse, nor incinerated or
17chemically, physically or biologically treated so as to
18neutralize the hazardous waste and render it nonhazardous. In
19granting authorization under this Section, the Agency may
20impose such conditions as may be necessary to accomplish the
21purposes of the Act and are consistent with this Act and
22regulations promulgated by the Board hereunder. If the Agency
23refuses to grant authorization under this Section, the
24applicant may appeal as if the Agency refused to grant a
25permit, pursuant to the provisions of subsection (a) of
26Section 40 of this Act. For purposes of this subsection (h),

HB4093- 27 -LRB102 18582 CPF 26885 b
1the term "generator" has the meaning given in Section 3.205 of
2this Act, unless: (1) the hazardous waste is treated,
3incinerated, or partially recycled for reuse prior to
4disposal, in which case the last person who treats,
5incinerates, or partially recycles the hazardous waste prior
6to disposal is the generator; or (2) the hazardous waste is
7from a response action, in which case the person performing
8the response action is the generator. This subsection (h) does
9not apply to any hazardous waste that is restricted from land
10disposal under 35 Ill. Adm. Code 728.
11 (i) Before issuing any RCRA permit, any permit for a waste
12storage site, sanitary landfill, waste disposal site, waste
13transfer station, waste treatment facility, waste incinerator,
14or any waste-transportation operation, any permit or interim
15authorization for a clean construction or demolition debris
16fill operation, or any permit required under subsection (d-5)
17of Section 55, the Agency shall conduct an evaluation of the
18prospective owner's or operator's prior experience in waste
19management operations, clean construction or demolition debris
20fill operations, and tire storage site management. The Agency
21may deny such a permit, or deny or revoke interim
22authorization, if the prospective owner or operator or any
23employee or officer of the prospective owner or operator has a
24history of:
25 (1) repeated violations of federal, State, or local
26 laws, regulations, standards, or ordinances in the

HB4093- 28 -LRB102 18582 CPF 26885 b
1 operation of waste management facilities or sites, clean
2 construction or demolition debris fill operation
3 facilities or sites, or tire storage sites; or
4 (2) conviction in this or another State of any crime
5 which is a felony under the laws of this State, or
6 conviction of a felony in a federal court; or conviction
7 in this or another state or federal court of any of the
8 following crimes: forgery, official misconduct, bribery,
9 perjury, or knowingly submitting false information under
10 any environmental law, regulation, or permit term or
11 condition; or
12 (3) proof of gross carelessness or incompetence in
13 handling, storing, processing, transporting or disposing
14 of waste, clean construction or demolition debris, or used
15 or waste tires, or proof of gross carelessness or
16 incompetence in using clean construction or demolition
17 debris as fill.
18 (i-5) Before issuing any permit or approving any interim
19authorization for a clean construction or demolition debris
20fill operation in which any ownership interest is transferred
21between January 1, 2005, and the effective date of the
22prohibition set forth in Section 22.52 of this Act, the Agency
23shall conduct an evaluation of the operation if any previous
24activities at the site or facility may have caused or allowed
25contamination of the site. It shall be the responsibility of
26the owner or operator seeking the permit or interim

HB4093- 29 -LRB102 18582 CPF 26885 b
1authorization to provide to the Agency all of the information
2necessary for the Agency to conduct its evaluation. The Agency
3may deny a permit or interim authorization if previous
4activities at the site may have caused or allowed
5contamination at the site, unless such contamination is
6authorized under any permit issued by the Agency.
7 (j) The issuance under this Act of a permit to engage in
8the surface mining of any resources other than fossil fuels
9shall not relieve the permittee from its duty to comply with
10any applicable local law regulating the commencement, location
11or operation of surface mining facilities.
12 (k) A development permit issued under subsection (a) of
13Section 39 for any facility or site which is required to have a
14permit under subsection (d) of Section 21 shall expire at the
15end of 2 calendar years from the date upon which it was issued,
16unless within that period the applicant has taken action to
17develop the facility or the site. In the event that review of
18the conditions of the development permit is sought pursuant to
19Section 40 or 41, or permittee is prevented from commencing
20development of the facility or site by any other litigation
21beyond the permittee's control, such two-year period shall be
22deemed to begin on the date upon which such review process or
23litigation is concluded.
24 (l) No permit shall be issued by the Agency under this Act
25for construction or operation of any facility or site located
26within the boundaries of any setback zone established pursuant

HB4093- 30 -LRB102 18582 CPF 26885 b
1to this Act, where such construction or operation is
2prohibited.
3 (m) The Agency may issue permits to persons owning or
4operating a facility for composting landscape waste. In
5granting such permits, the Agency may impose such conditions
6as may be necessary to accomplish the purposes of this Act, and
7as are not inconsistent with applicable regulations
8promulgated by the Board. Except as otherwise provided in this
9Act, a bond or other security shall not be required as a
10condition for the issuance of a permit. If the Agency denies
11any permit pursuant to this subsection, the Agency shall
12transmit to the applicant within the time limitations of this
13subsection specific, detailed statements as to the reasons the
14permit application was denied. Such statements shall include
15but not be limited to the following:
16 (1) the Sections of this Act that may be violated if
17 the permit were granted;
18 (2) the specific regulations promulgated pursuant to
19 this Act that may be violated if the permit were granted;
20 (3) the specific information, if any, the Agency deems
21 the applicant did not provide in its application to the
22 Agency; and
23 (4) a statement of specific reasons why the Act and
24 the regulations might be violated if the permit were
25 granted.
26 If no final action is taken by the Agency within 90 days

HB4093- 31 -LRB102 18582 CPF 26885 b
1after the filing of the application for permit, the applicant
2may deem the permit issued. Any applicant for a permit may
3waive the 90-day limitation by filing a written statement with
4the Agency.
5 The Agency shall issue permits for such facilities upon
6receipt of an application that includes a legal description of
7the site, a topographic map of the site drawn to the scale of
8200 feet to the inch or larger, a description of the operation,
9including the area served, an estimate of the volume of
10materials to be processed, and documentation that:
11 (1) the facility includes a setback of at least 200
12 feet from the nearest potable water supply well;
13 (2) the facility is located outside the boundary of
14 the 10-year floodplain or the site will be floodproofed;
15 (3) the facility is located so as to minimize
16 incompatibility with the character of the surrounding
17 area, including at least a 200 foot setback from any
18 residence, and in the case of a facility that is developed
19 or the permitted composting area of which is expanded
20 after November 17, 1991, the composting area is located at
21 least 1/8 mile from the nearest residence (other than a
22 residence located on the same property as the facility);
23 (4) the design of the facility will prevent any
24 compost material from being placed within 5 feet of the
25 water table, will adequately control runoff from the site,
26 and will collect and manage any leachate that is generated

HB4093- 32 -LRB102 18582 CPF 26885 b
1 on the site;
2 (5) the operation of the facility will include
3 appropriate dust and odor control measures, limitations on
4 operating hours, appropriate noise control measures for
5 shredding, chipping and similar equipment, management
6 procedures for composting, containment and disposal of
7 non-compostable wastes, procedures to be used for
8 terminating operations at the site, and recordkeeping
9 sufficient to document the amount of materials received,
10 composted and otherwise disposed of; and
11 (6) the operation will be conducted in accordance with
12 any applicable rules adopted by the Board.
13 The Agency shall issue renewable permits of not longer
14than 10 years in duration for the composting of landscape
15wastes, as defined in Section 3.155 of this Act, based on the
16above requirements.
17 The operator of any facility permitted under this
18subsection (m) must submit a written annual statement to the
19Agency on or before April 1 of each year that includes an
20estimate of the amount of material, in tons, received for
21composting.
22 (n) The Agency shall issue permits jointly with the
23Department of Transportation for the dredging or deposit of
24material in Lake Michigan in accordance with Section 18 of the
25Rivers, Lakes, and Streams Act.
26 (o) (Blank.)

HB4093- 33 -LRB102 18582 CPF 26885 b
1 (p) (1) Any person submitting an application for a permit
2for a new MSWLF unit or for a lateral expansion under
3subsection (t) of Section 21 of this Act for an existing MSWLF
4unit that has not received and is not subject to local siting
5approval under Section 39.2 of this Act shall publish notice
6of the application in a newspaper of general circulation in
7the county in which the MSWLF unit is or is proposed to be
8located. The notice must be published at least 15 days before
9submission of the permit application to the Agency. The notice
10shall state the name and address of the applicant, the
11location of the MSWLF unit or proposed MSWLF unit, the nature
12and size of the MSWLF unit or proposed MSWLF unit, the nature
13of the activity proposed, the probable life of the proposed
14activity, the date the permit application will be submitted,
15and a statement that persons may file written comments with
16the Agency concerning the permit application within 30 days
17after the filing of the permit application unless the time
18period to submit comments is extended by the Agency.
19 When a permit applicant submits information to the Agency
20to supplement a permit application being reviewed by the
21Agency, the applicant shall not be required to reissue the
22notice under this subsection.
23 (2) The Agency shall accept written comments concerning
24the permit application that are postmarked no later than 30
25days after the filing of the permit application, unless the
26time period to accept comments is extended by the Agency.

HB4093- 34 -LRB102 18582 CPF 26885 b
1 (3) Each applicant for a permit described in part (1) of
2this subsection shall file a copy of the permit application
3with the county board or governing body of the municipality in
4which the MSWLF unit is or is proposed to be located at the
5same time the application is submitted to the Agency. The
6permit application filed with the county board or governing
7body of the municipality shall include all documents submitted
8to or to be submitted to the Agency, except trade secrets as
9determined under Section 7.1 of this Act. The permit
10application and other documents on file with the county board
11or governing body of the municipality shall be made available
12for public inspection during regular business hours at the
13office of the county board or the governing body of the
14municipality and may be copied upon payment of the actual cost
15of reproduction.
16 (q) Within 6 months after July 12, 2011 (the effective
17date of Public Act 97-95), the Agency, in consultation with
18the regulated community, shall develop a web portal to be
19posted on its website for the purpose of enhancing review and
20promoting timely issuance of permits required by this Act. At
21a minimum, the Agency shall make the following information
22available on the web portal:
23 (1) Checklists and guidance relating to the completion
24 of permit applications, developed pursuant to subsection
25 (s) of this Section, which may include, but are not
26 limited to, existing instructions for completing the

HB4093- 35 -LRB102 18582 CPF 26885 b
1 applications and examples of complete applications. As the
2 Agency develops new checklists and develops guidance, it
3 shall supplement the web portal with those materials.
4 (2) Within 2 years after July 12, 2011 (the effective
5 date of Public Act 97-95), permit application forms or
6 portions of permit applications that can be completed and
7 saved electronically, and submitted to the Agency
8 electronically with digital signatures.
9 (3) Within 2 years after July 12, 2011 (the effective
10 date of Public Act 97-95), an online tracking system where
11 an applicant may review the status of its pending
12 application, including the name and contact information of
13 the permit analyst assigned to the application. Until the
14 online tracking system has been developed, the Agency
15 shall post on its website semi-annual permitting
16 efficiency tracking reports that include statistics on the
17 timeframes for Agency action on the following types of
18 permits received after July 12, 2011 (the effective date
19 of Public Act 97-95): air construction permits, new NPDES
20 permits and associated water construction permits, and
21 modifications of major NPDES permits and associated water
22 construction permits. The reports must be posted by
23 February 1 and August 1 each year and shall include:
24 (A) the number of applications received for each
25 type of permit, the number of applications on which
26 the Agency has taken action, and the number of

HB4093- 36 -LRB102 18582 CPF 26885 b
1 applications still pending; and
2 (B) for those applications where the Agency has
3 not taken action in accordance with the timeframes set
4 forth in this Act, the date the application was
5 received and the reasons for any delays, which may
6 include, but shall not be limited to, (i) the
7 application being inadequate or incomplete, (ii)
8 scientific or technical disagreements with the
9 applicant, USEPA, or other local, state, or federal
10 agencies involved in the permitting approval process,
11 (iii) public opposition to the permit, or (iv) Agency
12 staffing shortages. To the extent practicable, the
13 tracking report shall provide approximate dates when
14 cause for delay was identified by the Agency, when the
15 Agency informed the applicant of the problem leading
16 to the delay, and when the applicant remedied the
17 reason for the delay.
18 (r) Upon the request of the applicant, the Agency shall
19notify the applicant of the permit analyst assigned to the
20application upon its receipt.
21 (s) The Agency is authorized to prepare and distribute
22guidance documents relating to its administration of this
23Section and procedural rules implementing this Section.
24Guidance documents prepared under this subsection shall not be
25considered rules and shall not be subject to the Illinois
26Administrative Procedure Act. Such guidance shall not be

HB4093- 37 -LRB102 18582 CPF 26885 b
1binding on any party.
2 (t) Except as otherwise prohibited by federal law or
3regulation, any person submitting an application for a permit
4may include with the application suggested permit language for
5Agency consideration. The Agency is not obligated to use the
6suggested language or any portion thereof in its permitting
7decision. If requested by the permit applicant, the Agency
8shall meet with the applicant to discuss the suggested
9language.
10 (u) If requested by the permit applicant, the Agency shall
11provide the permit applicant with a copy of the draft permit
12prior to any public review period.
13 (v) If requested by the permit applicant, the Agency shall
14provide the permit applicant with a copy of the final permit
15prior to its issuance.
16 (w) An air pollution permit shall not be required due to
17emissions of greenhouse gases, as specified by Section 9.15 of
18this Act.
19 (x) If, before the expiration of a State operating permit
20that is issued pursuant to subsection (a) of this Section and
21contains federally enforceable conditions limiting the
22potential to emit of the source to a level below the major
23source threshold for that source so as to exclude the source
24from the Clean Air Act Permit Program, the Agency receives a
25complete application for the renewal of that permit, then all
26of the terms and conditions of the permit shall remain in

HB4093- 38 -LRB102 18582 CPF 26885 b
1effect until final administrative action has been taken on the
2application for the renewal of the permit.
3 (y) The Agency may issue permits exclusively under this
4subsection to persons owning or operating a CCR surface
5impoundment subject to Section 22.59.
6 All CCR surface impoundment permits shall contain those
7terms and conditions, including, but not limited to, schedules
8of compliance, which may be required to accomplish the
9purposes and provisions of this Act, Board regulations, the
10Illinois Groundwater Protection Act and regulations pursuant
11thereto, and the Resource Conservation and Recovery Act and
12regulations pursuant thereto, and may include schedules for
13achieving compliance therewith as soon as possible.
14 The Board shall adopt filing requirements and procedures
15that are necessary and appropriate for the issuance of CCR
16surface impoundment permits and that are consistent with this
17Act or regulations adopted by the Board, and with the RCRA, as
18amended, and regulations pursuant thereto.
19 The applicant shall make available to the public for
20inspection all documents submitted by the applicant to the
21Agency in furtherance of an application, with the exception of
22trade secrets, on its public internet website as well as at the
23office of the county board or governing body of the
24municipality where CCR from the CCR surface impoundment will
25be permanently disposed. Such documents may be copied upon
26payment of the actual cost of reproduction during regular

HB4093- 39 -LRB102 18582 CPF 26885 b
1business hours of the local office.
2 The Agency shall issue a written statement concurrent with
3its grant or denial of the permit explaining the basis for its
4decision.
5 (z) An applicant for a permit for the construction of a new
6source that will become a major source subject to the Clean Air
7Act Permit Program under Section 39.5 to be located in an
8environmental justice community or a new source that has or
9will require a federally enforceable State operating permit
10and that will be located in an environmental justice community
11must conduct a public meeting prior to submission of the
12permit application and must submit with the permit application
13an environmental justice assessment identifying the potential
14environmental and health impacts according to subsection (aa)
15to the area associated with the proposed project. This
16subsection (z) also applies to permit applications for
17modifications or expansions to existing sources that will
18result in an increase in the hourly rate of emissions or the
19total annual emissions of any air pollutant.
20 Prior to submitting the permit application to the Agency
21and subsequent to obtaining local siting approval under
22Section 39.2, the applicant is required to conduct a public
23meeting within the environmental justice community where the
24proposed source is to be located and to collect public
25comments. Notice of the public meeting must be provided 30
26days in advance and according to the following:

HB4093- 40 -LRB102 18582 CPF 26885 b
1 (1) The notice shall be:
2 (A) provided to local elected officials in the
3 area where the proposed source is to be located,
4 including the mayor or village president, municipal
5 clerk, county board chairman, county clerk, and
6 State's Attorney;
7 (B) provided to members of the General Assembly
8 from the legislative district in which the proposed
9 source is to be located;
10 (C) provided to directors of child care centers
11 licensed by the Department of Children and Family
12 Services, school principals, and public park
13 superintendents who oversee facilities located within
14 one mile of the proposed source;
15 (D) published in a newspaper of general
16 circulation; and
17 (E) posted on a website of the applicant with a
18 link provided to the Agency for posting on the
19 Agency's website.
20 (2) The notice of the public meeting shall include the
21 following:
22 (A) The name and address of the applicant and the
23 proposed source.
24 (B) The activity or activities at the proposed
25 source to be permitted.
26 (C) The anticipated potential to emit and

HB4093- 41 -LRB102 18582 CPF 26885 b
1 allowable emissions for regulated pollutants of the
2 proposed source.
3 (D) The date, time, and location of the public
4 meeting.
5 (E) The deadline for submission of written
6 comments.
7 (F) The mailing address or email address where
8 written comments can be submitted.
9 (G) The website where the summary of the
10 environmental justice assessment required under
11 subsection (aa) can be accessed.
12 (3) For a community determined to be in linguistic
13 isolation, the applicant shall provide the public notice
14 in a multi-lingual format appropriate to the needs of the
15 linguistically isolated community and provide oral and
16 written translation services at public meeting.
17 The applicant shall present a summary of the environmental
18justice assessment required under subsection (aa) at the
19public meeting.
20 The applicant must accept written public comments from the
21date public notice is provided through at least 30 days
22following the public meeting.
23 The applicant must provide with its permit application a
24copy of the notice and a certification, subject to penalty of
25law, signed by a responsible official for the permit applicant
26attesting to the fact that a public meeting was held, the

HB4093- 42 -LRB102 18582 CPF 26885 b
1information that was provided by the applicant and the permit
2applicant collected written and transcribed oral public
3comments collected by the applicant in accordance with the
4requirements of this subsection (z).
5 The failure of the applicant to comply with the express
6procedural requirements under this subsection (z) will result
7in a denial of the subsequent permit application by the
8Agency.
9 The Agency may propose and the Board may adopt rules
10regarding the implementation of this subsection (z).
11 (aa) The permit application under subsection (z) shall
12include an environmental justice assessment. The environmental
13justice assessment shall consist of the following:
14 (1) Air dispersion modeling examining the air
15 quality-related impacts from the proposed project in
16 combination with existing mobile and stationary air
17 emitting sources to determine estimated emissions of the
18 following pollutants:
19 (A) Emissions of PM10 or PM2.5 that will be equal
20 to or greater than 25 tons per year.
21 (B) Emissions of ozone precursors that will be
22 equal to or greater than 25 tons per year.
23 (C) Emissions of any individual Hazardous Air
24 Pollutant listed in subsection (b) of Section 112 of
25 the federal Clean Air Act that will be equal to or
26 greater than 10 tons per year.

HB4093- 43 -LRB102 18582 CPF 26885 b
1 (D) Emissions of diesel exhaust constituents from
2 nonroad and on road mobile sources as well as
3 stationary sources.
4 The air dispersion modeling must address emissions
5 associated with a new or modified CAAPP source as well as
6 emissions from any existing source that will comprise part
7 of a single stationary source with the new or modified
8 CAAPP source under the requirements of Section 39.5.
9 If the air dispersion modeling reveals estimated
10 off-site impacts from the proposed project of a
11 significant nature, including any anticipated exceedance
12 of a legally enforceable emissions standard, the applicant
13 shall also identify efforts that will be undertaken by the
14 applicant during the construction or operation of the new
15 source to mitigate such impacts.
16 (2) A modeling protocol submitted to the Agency for
17 review and consideration prior to performance of the air
18 dispersion modeling. The modeling protocol shall include
19 analyses sufficient to evaluate short-term impacts to air
20 quality and impacts to air quality from nonstandard
21 operating conditions, such as worst case emission
22 estimates under a variety of weather and atmospheric
23 conditions and emissions associated with startup,
24 shutdown, maintenance, and outages. Any Agency
25 recommendations for revisions to the modeling protocol
26 shall be provided in writing to the applicant within 60

HB4093- 44 -LRB102 18582 CPF 26885 b
1 days after receipt of the modeling protocol. The modeling
2 shall be performed using accepted USEPA methodologies.
3 (3) An environmental impact review evaluating the
4 direct, indirect, and cumulative environmental impacts to
5 the environmental justice community that are associated
6 with the proposed project. The environmental impact review
7 may be modeled after USEPA guidance documents for
8 fulfilling responsibilities under the federal National
9 Environmental Policy Act. The environmental impact review
10 shall include, but shall not be limited to, the following:
11 (A) A qualitative and quantitative assessment of
12 emissions-related impacts to the area from the
13 project, including identifying the maximum allowable
14 emissions of criteria pollutants and hazardous air
15 pollutant emissions to be anticipated from the
16 proposed new source.
17 (B) An assessment of the health-based indicators
18 for inhalation exposure, including, but not limited
19 to, impacts to the respiratory, hematological,
20 neurological, cardiovascular, renal, and hepatic
21 systems and cancer rates.
22 The environmental justice assessment must be completed by
23an independent third party.
24 If the environmental justice assessment shows that the
25proposed project will cause harm to the environment or public
26health, the Agency shall impose conditions in the permit that

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1will mitigate such harm or deny the permit if such harm is
2unavoidable and causes or contributes to disproportionate
3harm.
4 The Agency may propose and the Board may adopt rules
5regarding the implementation of this subsection.
6(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
7 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
8 Sec. 39.2. Local siting review.
9 (a) The county board of the county or the governing body of
10the municipality, as determined by paragraph (c) of Section 39
11of this Act, shall, subject to review, approve or disapprove
12the request for local siting approval for the following: (i)
13each pollution control facility; (ii) an air pollution source
14that, upon issuance of the requested construction permit, will
15become a major source subject to Section 39.5 to be located in
16an environmental justice community; or (iii) an air pollution
17source that will require for the first time a federally
18enforceable State operating permit and that shall be located
19in an environmental justice community which is subject to such
20review. An applicant for local siting approval shall submit
21sufficient details describing the proposed facility and
22evidence to demonstrate compliance, and local siting approval
23shall be granted only if the proposed facility meets the
24following criteria:
25 (i) the pollution control facility is necessary to

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1 accommodate the waste needs of the area it is intended to
2 serve;
3 (ii) the pollution control facility or air pollution
4 source is so designed, located, and proposed to be
5 operated that the public health, safety, and welfare will
6 be protected;
7 (iii) the pollution control facility or air pollution
8 source is located so as to minimize incompatibility with
9 the character of the surrounding area and to minimize the
10 effect on the value of the surrounding property;
11 (iv) (A) for a pollution control facility other than a
12 sanitary landfill or waste disposal site, the pollution
13 control facility is located outside the boundary of the
14 100-year 100 year flood plain or the site is
15 flood-proofed; (B) for a pollution control facility that
16 is a sanitary landfill or waste disposal site, the
17 pollution control facility is located outside the boundary
18 of the 100-year floodplain, or if the pollution control
19 facility is a facility described in subsection (b)(3) of
20 Section 22.19a, the site is flood-proofed;
21 (v) the plan of operations for the or air pollution
22 source facility or air pollution source is designed to
23 minimize the danger to the surrounding area from fire,
24 spills, or other operational accidents;
25 (vi) the traffic patterns to or from the pollution
26 control facility or air pollution source are so designed

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1 as to minimize the impact on existing traffic flows;
2 (vii) if the pollution control facility will be
3 treating, storing, or disposing of hazardous waste, an
4 emergency response plan exists for the facility which
5 includes notification, containment, and evacuation
6 procedures to be used in case of an accidental release;
7 (viii) if the pollution control facility is to be
8 located in a county where the county board has adopted a
9 solid waste management plan consistent with the planning
10 requirements of the Local Solid Waste Disposal Act or the
11 Solid Waste Planning and Recycling Act, the pollution
12 control facility is consistent with that plan; for
13 purposes of this criterion (viii), the "solid waste
14 management plan" means the plan that is in effect as of the
15 date the application for siting approval is filed; and
16 (ix) if the pollution control facility will be located
17 within a regulated recharge area, any applicable
18 requirements specified by the Board for such areas have
19 been met.
20 The county board or the governing body of the municipality
21may also consider as evidence the previous operating
22experience and past record of convictions or admissions of
23violations of the pollution control facility applicant (and
24any subsidiary or parent corporation) in the field of solid
25waste management when considering criteria (ii) and (v) under
26this Section.

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1 If the pollution control facility is subject to the
2location restrictions in Section 22.14 of this Act, compliance
3with that Section shall be determined as of the date the
4application for siting approval is filed.
5 (b) No later than 14 days before the date on which the
6county board or governing body of the municipality receives a
7request for site approval, the applicant shall cause written
8notice of such request to be served either in person or by
9registered mail, return receipt requested, on the owners of
10all property within the subject area not solely owned by the
11applicant, and on the owners of all property within 250 feet in
12each direction of the lot line of the subject property, said
13owners being such persons or entities which appear from the
14authentic tax records of the county County in which such
15pollution control facility or air pollution source is to be
16located; provided, that the number of all feet occupied by all
17public roads, streets, alleys, and other public ways shall be
18excluded in computing the 250 feet requirement; provided
19further, that in no event shall this requirement exceed 400
20feet, including public streets, alleys, and other public ways.
21 Such written notice shall also be served upon members of
22the General Assembly from the legislative district in which
23the proposed pollution control facility or air pollution
24source is located and shall be published in a newspaper of
25general circulation published in the county in which the site
26is located.

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1 Such notice shall state the name and address of the
2applicant, the location of the proposed site, the nature and
3size of the development, the nature of the activity proposed,
4the probable life of the proposed activity, the date when the
5request for site approval will be submitted, and a description
6of the right of persons to comment on such request as hereafter
7provided.
8 (c) An applicant shall file a copy of its request with the
9county board of the county or the governing body of the
10municipality in which the proposed site is located. The
11request shall include (i) the substance of the applicant's
12proposal and (ii) all documents, if any, submitted as of that
13date to the Agency pertaining to the proposed pollution
14control facility or air pollution source, except trade secrets
15as determined under Section 7.1 of this Act. All such
16documents or other materials on file with the county board or
17governing body of the municipality shall be made available for
18public inspection at the office of the county board or the
19governing body of the municipality and may be copied upon
20payment of the actual cost of reproduction.
21 Any person may file written comment with the county board
22or governing body of the municipality concerning the
23appropriateness of the proposed site for its intended purpose.
24The county board or governing body of the municipality shall
25consider any comment received or postmarked not later than 30
26days after the date of the last public hearing.

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1 (d) At least one public hearing, at which an applicant
2shall present at least one witness to testify subject to
3cross-examination, is to be held by the county board or
4governing body of the municipality no sooner than 90 days but
5no later than 120 days after the date on which it received the
6request for site approval. No later than 14 days prior to such
7hearing, notice shall be published in a newspaper of general
8circulation published in the county of the proposed site, and
9delivered by certified mail to all members of the General
10Assembly from the district in which the proposed site is
11located, to the governing authority of every municipality
12contiguous to the proposed site or contiguous to the
13municipality in which the proposed site is to be located, to
14the county board of the county where the proposed site is to be
15located, if the proposed site is located within the boundaries
16of a municipality, and to the Agency. Members or
17representatives of the governing authority of a municipality
18contiguous to the proposed site or contiguous to the
19municipality in which the proposed site is to be located and,
20if the proposed site is located in a municipality, members or
21representatives of the county board of a county in which the
22proposed site is to be located may appear at and participate in
23public hearings held pursuant to this Section. The public
24hearing shall develop a record sufficient to form the basis of
25appeal of the decision in accordance with Section 40.1 of this
26Act. The fact that a member of the county board or governing

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1body of the municipality has publicly expressed an opinion on
2an issue related to a site review proceeding shall not
3preclude the member from taking part in the proceeding and
4voting on the issue.
5 (e) Decisions of the county board or governing body of the
6municipality are to be in writing, confirming a public hearing
7was held with testimony from at least one witness presented by
8the applicant, specifying the reasons for the decision, such
9reasons to be in conformance with subsection (a) of this
10Section. In granting approval for a site the county board or
11governing body of the municipality may impose such conditions
12as may be reasonable and necessary to accomplish the purposes
13of this Section and as are not inconsistent with regulations
14promulgated by the Board. Such decision shall be available for
15public inspection at the office of the county board or
16governing body of the municipality and may be copied upon
17payment of the actual cost of reproduction. If there is no
18final action by the county board or governing body of the
19municipality within 180 days after the date on which it
20received the request for site approval, the applicant may deem
21the request approved.
22 At the public hearing, at any time prior to completion by
23the applicant of the presentation of the applicant's factual
24evidence, testimony, and an opportunity for cross-examination
25by the county board or governing body of the municipality and
26any participants, the applicant may file not more than one

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1amended application upon payment of additional fees pursuant
2to subsection (k); in which case the time limitation for final
3action set forth in this subsection (e) shall be extended for
4an additional period of 90 days.
5 If, prior to making a final local siting decision, a
6county board or governing body of a municipality has
7negotiated and entered into a host agreement with the local
8siting applicant, the terms and conditions of the host
9agreement, whether written or oral, shall be disclosed and
10made a part of the hearing record for that local siting
11proceeding. In the case of an oral agreement, the disclosure
12shall be made in the form of a written summary jointly prepared
13and submitted by the county board or governing body of the
14municipality and the siting applicant and shall describe the
15terms and conditions of the oral agreement.
16 (e-5) Siting approval obtained pursuant to this Section is
17transferable and may be transferred to a subsequent owner or
18operator. In the event that siting approval has been
19transferred to a subsequent owner or operator, that subsequent
20owner or operator assumes and takes subject to any and all
21conditions imposed upon the prior owner or operator by the
22county board of the county or governing body of the
23municipality pursuant to subsection (e). However, any such
24conditions imposed pursuant to this Section may be modified by
25agreement between the subsequent owner or operator and the
26appropriate county board or governing body. Further, in the

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1event that siting approval obtained pursuant to this Section
2has been transferred to a subsequent owner or operator, that
3subsequent owner or operator assumes all rights and
4obligations and takes the facility subject to any and all
5terms and conditions of any existing host agreement between
6the prior owner or operator and the appropriate county board
7or governing body.
8 (f) A local siting approval granted under this Section
9shall expire at the end of 2 calendar years from the date upon
10which it was granted, unless the local siting approval granted
11under this Section is for a sanitary landfill operation, in
12which case the approval shall expire at the end of 3 calendar
13years from the date upon which it was granted, and unless
14within that period the applicant has made application to the
15Agency for a permit to develop the site. In the event that the
16local siting decision has been appealed, such expiration
17period shall be deemed to begin on the date upon which the
18appeal process is concluded.
19 Except as otherwise provided in this subsection, upon the
20expiration of a development permit under subsection (k) of
21Section 39, any associated local siting approval granted for
22the facility under this Section shall also expire.
23 If a first development permit for a municipal waste
24incineration facility expires under subsection (k) of Section
2539 after September 30, 1989 due to circumstances beyond the
26control of the applicant, any associated local siting approval

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1granted for the facility under this Section may be used to
2fulfill the local siting approval requirement upon application
3for a second development permit for the same site, provided
4that the proposal in the new application is materially the
5same, with respect to the criteria in subsection (a) of this
6Section, as the proposal that received the original siting
7approval, and application for the second development permit is
8made before January 1, 1990.
9 (g) The siting approval procedures, criteria and appeal
10procedures provided for in this Act for new pollution control
11facilities shall be the exclusive siting procedures and rules
12and appeal procedures for facilities subject to such
13procedures. Local zoning or other local land use requirements
14shall not be applicable to such siting decisions.
15 (h) Nothing in this Section shall apply to any existing or
16new pollution control facility located within the corporate
17limits of a municipality with a population of over 1,000,000.
18 (i) (Blank.)
19 The Board shall adopt regulations establishing the
20geologic and hydrologic siting criteria necessary to protect
21usable groundwater resources which are to be followed by the
22Agency in its review of permit applications for new pollution
23control facilities. Such regulations, insofar as they apply to
24new pollution control facilities authorized to store, treat or
25dispose of any hazardous waste, shall be at least as stringent
26as the requirements of the Resource Conservation and Recovery

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1Act and any State or federal regulations adopted pursuant
2thereto.
3 (j) Any new pollution control facility which has never
4obtained local siting approval under the provisions of this
5Section shall be required to obtain such approval after a
6final decision on an appeal of a permit denial.
7 (k) A county board or governing body of a municipality may
8charge applicants for siting review under this Section a
9reasonable fee to cover the reasonable and necessary costs
10incurred by such county or municipality in the siting review
11process.
12 (l) The governing Authority as determined by subsection
13(c) of Section 39 of this Act may request the Department of
14Transportation to perform traffic impact studies of proposed
15or potential locations for required pollution control
16facilities.
17 (m) An applicant may not file a request for local siting
18approval which is substantially the same as a request which
19was disapproved pursuant to a finding against the applicant
20under any of criteria (i) through (ix) of subsection (a) of
21this Section within the preceding 2 years.
22 (n) In any review proceeding of a decision of the county
23board or governing body of a municipality made pursuant to the
24local siting review process, the petitioner in the review
25proceeding shall pay to the county or municipality the cost of
26preparing and certifying the record of proceedings. Should the

HB4093- 56 -LRB102 18582 CPF 26885 b
1petitioner in the review proceeding fail to make payment, the
2provisions of Section 3-109 of the Code of Civil Procedure
3shall apply.
4 In the event the petitioner is a citizens' group that
5participated in the siting proceeding and is so located as to
6be affected by the proposed facility, such petitioner shall be
7exempt from paying the costs of preparing and certifying the
8record.
9 (o) Notwithstanding any other provision of this Section, a
10transfer station used exclusively for landscape waste, where
11landscape waste is held no longer than 24 hours from the time
12it was received, is not subject to the requirements of local
13siting approval under this Section, but is subject only to
14local zoning approval.
15 (p) The siting approval procedures, criteria, and appeal
16procedures provided for in this Act for new air pollution
17sources shall be in addition to the applicable local land use
18and zoning standards, procedures, rules, and appeal
19procedures. Local zoning or other local land use requirements
20shall continue to be applicable to such siting decisions for
21new air pollution sources in addition to the siting approval
22procedures, criteria, and appeal procedures provided in this
23Act.
24(Source: P.A. 100-382, eff. 8-25-17.)
25 (415 ILCS 5/39.15 new)

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1 Sec. 39.15. Environmental justice considerations in
2permitting.
3 (a) The following public participation requirements for
4permitting transactions in an environmental justice community
5must be complied with:
6 (1) If an application for a permit, permit renewal, or
7 permit modification is subject to public notice and
8 comment requirements under this Act, rules adopted by the
9 Board, or rules adopted by the Agency, and the application
10 is for a facility or source in an environmental justice
11 community, the Agency must comply with existing applicable
12 requirements.
13 (2) In addition to the public notice requirements
14 referenced in paragraph (1), the Agency shall provide the
15 public with notice of an application for a permit, permit
16 renewal, or permit modification if the facility or
17 proposed facility is located or is to be located in an
18 environmental justice community for the following types of
19 permitting transactions: (i) permits for pollution control
20 facilities subject to local siting review under Section
21 39.2; and (ii) individual minor or major NPDES permits
22 issued under subsection (b) of Section 39. The public
23 notice shall:
24 (A) be provided: (i) by prominent placement at a
25 dedicated page on the Agency's website; (ii) to local
26 elected officials in the area where the facility or

HB4093- 58 -LRB102 18582 CPF 26885 b
1 proposed facility is located or is to be located,
2 including the mayor or president, clerk, county board
3 chairman, county clerk, and State's Attorney; and
4 (iii) to members of the General Assembly from the
5 legislative district in which the facility or proposed
6 facility is located or is to be located; and
7 (B) include: (i) the name and address of the
8 permit applicant and the facility or proposed
9 facility; and (ii) the activity or activities at the
10 facility or proposed facility being permitted.
11 (b) The Agency must comply with the following requirements
12regarding linguistically isolated communities:
13 (1) For a community determined to be in linguistic
14 isolation, the Agency shall provide all public notices
15 required by this Section in a multi-lingual format
16 appropriate to the needs of the linguistically isolated
17 community.
18 (2) For a community determined to be in linguistic
19 isolation, the Agency shall provide oral and written
20 translation services at public hearings.
21 (c) For permit applications for facilities in an
22environmental justice community, the Director of the Agency
23may grant extensions of any permitting deadlines established
24in this Act by up to 180 days to allow for additional review of
25the permit application by the Agency or additional public
26participation. Any exercise of this authority shall be

HB4093- 59 -LRB102 18582 CPF 26885 b
1provided in writing to the permit applicant with the specific
2reason and new permitting deadline.
3 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
4 Sec. 40. Appeal of permit denial.
5 (a)(1) If the Agency refuses to grant or grants with
6conditions a permit under Section 39 of this Act, the
7applicant may, within 35 days after the date on which the
8Agency served its decision on the applicant, petition for a
9hearing before the Board to contest the decision of the
10Agency. However, the 35-day period for petitioning for a
11hearing may be extended for an additional period of time not to
12exceed 90 days by written notice provided to the Board from the
13applicant and the Agency within the initial appeal period. The
14Board shall give 21 days' notice to any person in the county
15where is located the facility in issue who has requested
16notice of enforcement proceedings and to each member of the
17General Assembly in whose legislative district that
18installation or property is located; and shall publish that
1921-day notice in a newspaper of general circulation in that
20county. The Agency shall appear as respondent in such hearing.
21At such hearing the rules prescribed in Section 32 and
22subsection (a) of Section 33 of this Act shall apply, and the
23burden of proof shall be on the petitioner. If, however, the
24Agency issues an NPDES permit that imposes limits which are
25based upon a criterion or denies a permit based upon

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1application of a criterion, then the Agency shall have the
2burden of going forward with the basis for the derivation of
3those limits or criterion which were derived under the Board's
4rules.
5 (2) Except as provided in paragraph (a)(3), if there is no
6final action by the Board within 120 days after the date on
7which it received the petition, the petitioner may deem the
8permit issued under this Act, provided, however, that that
9period of 120 days shall not run for any period of time, not to
10exceed 30 days, during which the Board is without sufficient
11membership to constitute the quorum required by subsection (a)
12of Section 5 of this Act, and provided further that such 120
13day period shall not be stayed for lack of quorum beyond 30
14days regardless of whether the lack of quorum exists at the
15beginning of such 120-day period or occurs during the running
16of such 120-day period.
17 (3) Paragraph (a)(2) shall not apply to any permit which
18is subject to subsection (b), (d) or (e) of Section 39. If
19there is no final action by the Board within 120 days after the
20date on which it received the petition, the petitioner shall
21be entitled to an Appellate Court order pursuant to subsection
22(d) of Section 41 of this Act.
23 (b) If the Agency grants a RCRA permit for a hazardous
24waste disposal site, a third party, other than the permit
25applicant or Agency, may, within 35 days after the date on
26which the Agency issued its decision, petition the Board for a

HB4093- 61 -LRB102 18582 CPF 26885 b
1hearing to contest the issuance of the permit. Unless the
2Board determines that such petition is duplicative or
3frivolous, or that the petitioner is so located as to not be
4affected by the permitted facility, the Board shall hear the
5petition in accordance with the terms of subsection (a) of
6this Section and its procedural rules governing denial
7appeals, such hearing to be based exclusively on the record
8before the Agency. The burden of proof shall be on the
9petitioner. The Agency and the permit applicant shall be named
10co-respondents.
11 The provisions of this subsection do not apply to the
12granting of permits issued for the disposal or utilization of
13sludge from publicly owned publicly-owned sewage works.
14 (c) Any party to an Agency proceeding conducted pursuant
15to Section 39.3 of this Act may petition as of right to the
16Board for review of the Agency's decision within 35 days from
17the date of issuance of the Agency's decision, provided that
18such appeal is not duplicative or frivolous. However, the
1935-day period for petitioning for a hearing may be extended by
20the applicant for a period of time not to exceed 90 days by
21written notice provided to the Board from the applicant and
22the Agency within the initial appeal period. If another person
23with standing to appeal wishes to obtain an extension, there
24must be a written notice provided to the Board by that person,
25the Agency, and the applicant, within the initial appeal
26period. The decision of the Board shall be based exclusively

HB4093- 62 -LRB102 18582 CPF 26885 b
1on the record compiled in the Agency proceeding. In other
2respects the Board's review shall be conducted in accordance
3with subsection (a) of this Section and the Board's procedural
4rules governing permit denial appeals.
5 (d) In reviewing the denial or any condition of a NA NSR
6permit issued by the Agency pursuant to rules and regulations
7adopted under subsection (c) of Section 9.1 of this Act, the
8decision of the Board shall be based exclusively on the record
9before the Agency including the record of the hearing, if any,
10unless the parties agree to supplement the record. The Board
11shall, if it finds the Agency is in error, make a final
12determination as to the substantive limitations of the permit
13including a final determination of Lowest Achievable Emission
14Rate.
15 (e)(1) If the Agency grants or denies a permit under
16subsection (b) of Section 39 of this Act, a third party, other
17than the permit applicant or Agency, may petition the Board
18within 35 days from the date of issuance of the Agency's
19decision, for a hearing to contest the decision of the Agency.
20 (2) A petitioner shall include the following within a
21petition submitted under subdivision (1) of this subsection:
22 (A) a demonstration that the petitioner raised the
23 issues contained within the petition during the public
24 notice period or during the public hearing on the NPDES
25 permit application, if a public hearing was held; and
26 (B) a demonstration that the petitioner is so situated

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1 as to be affected by the permitted facility.
2 (3) If the Board determines that the petition is not
3duplicative or frivolous and contains a satisfactory
4demonstration under subdivision (2) of this subsection, the
5Board shall hear the petition (i) in accordance with the terms
6of subsection (a) of this Section and its procedural rules
7governing permit denial appeals and (ii) exclusively on the
8basis of the record before the Agency. The burden of proof
9shall be on the petitioner. The Agency and permit applicant
10shall be named co-respondents.
11 (f) Any person who files a petition to contest the
12issuance of a permit by the Agency shall pay a filing fee.
13 (g) If the Agency grants or denies a permit under
14subsection (y) of Section 39, a third party, other than the
15permit applicant or Agency, may appeal the Agency's decision
16as provided under federal law for CCR surface impoundment
17permits.
18 (h) If the Agency grants a permit to construct, modify, or
19operate a facility that emits air pollutants and is classified
20as a minor source, a third party, other than the permit
21applicant or Agency, may, within 35 days after the date on
22which the Agency issued its decision, petition the Board for a
23hearing to contest the issuance of the permit. Unless the
24Board determines that such petition is duplicative or
25frivolous or that the petitioner is so located as to not be
26affected by the permitted facility, the Board shall hear the

HB4093- 64 -LRB102 18582 CPF 26885 b
1petition in accordance with the terms of subsection (a) of
2this Section and its procedural rules governing denial
3appeals. The hearing shall be based exclusively on the record
4before the Agency. The burden of proof shall be on the
5petitioner. The Agency and the permit applicant shall be named
6co-respondents.
7(Source: P.A. 100-201, eff. 8-18-17; 101-171, eff. 7-30-19;
8revised 9-12-19.)
9 (415 ILCS 5/40.4 new)
10 Sec. 40.4. Environmental justice grievance.
11 (a) An environmental justice grievance process, subject to
12the provisions of this Section, is applicable to complaints
13alleging violations of Section 601 of the federal Civil Rights
14Act of 1964.
15 (b) An environmental justice grievance must allege
16discrimination on the basis of an individual's actual or
17perceived race, color, religion, national origin, citizenship,
18ancestry, age, sex, marital status, order of protection
19status, conviction record, arrest record, disability, military
20status, sexual orientation, gender identity, gender
21expression, pregnancy, or unfavorable discharge from military
22service.
23 (c) To initiate an environmental justice grievance process
24a person must file a complaint with the Agency within 60 days
25after an alleged violation. The Agency, in its discretion, may

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1waive the 60-day deadline for good cause. The complaint must:
2 (1) be in writing;
3 (2) describe with specificity the discrimination
4 alleged; and
5 (3) identify the parties impacted by the alleged
6 discrimination.
7 (d) The complaint under subsection (c) must be addressed
8as follows:
9 Illinois Environmental Protection Agency
10 Environmental Justice Officer
11 1021 North Grand Avenue East
12 P.O. Box 19276
13 Springfield, IL 62794
14 (e) Within 10 days after receiving the complaint filed
15under subsection (c), the Agency shall provide written notice
16of receipt and acceptance of the complainant. If the Agency
17determines that it has jurisdiction to review the complaint,
18the complaint will be considered meritorious, unless:
19 (1) the complaint clearly appears on its face to be
20 frivolous or trivial;
21 (2) the complaint is not timely and good cause does
22 not exist to waive timeliness;
23 (3) the Agency, within the time allotted to
24 investigate the complaint, voluntarily concedes
25 noncompliance and agrees to take appropriate remedial
26 action or agrees to an informal resolution of the

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1 complaint; or
2 (4) the complainant, within the time allotted for the
3 complaint to be investigated, withdraws the complaint.
4 (f) Within 120 days after the date it provides written
5notice of receipt and acceptance of the complaint under
6subsection (e), the Agency shall make a determination of
7jurisdiction and the merits of the complaint, conduct an
8investigation, and provide a proposed resolution, if
9appropriate, to the extent practicable and allowable under
10existing laws and regulations.

HB4093- 67 -LRB102 18582 CPF 26885 b
1 INDEX
2 Statutes amended in order of appearance