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Illinois General Assembly· SB 3917Governor Approved

EPA-WASTE DISCHARGE PERMIT, the official text

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SB3917 Enrolled                      LRB104 19364 BDA 32812 b

1  AN ACT concerning safety.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The Environmental Protection Act is amended by

5 changing Section 39 and by adding Section 39.16 as follows:

6  (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

7  (Text of Section before amendment by P.A. 104-458)

8  Sec. 39. Issuance of permits; procedures.

9  (a) When the Board has by regulation required a permit for

10 the construction, installation, or operation of any type of

11 facility, equipment, vehicle, vessel, or aircraft, the

12 applicant shall apply to the Agency for such permit and it

13 shall be the duty of the Agency to issue such a permit upon

14 proof by the applicant that the facility, equipment, vehicle,

15 vessel, or aircraft will not cause a violation of this Act or

16 of regulations hereunder. The Agency shall adopt such

17 procedures as are necessary to carry out its duties under this

18 Section. In making its determinations on permit applications

19 under this Section the Agency may consider prior adjudications

20 of noncompliance with this Act by the applicant that involved

21 a release of a contaminant into the environment. In granting

22 permits, the Agency may impose reasonable conditions

23 specifically related to the applicant's past compliance
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1 history with this Act as necessary to correct, detect, or

2 prevent noncompliance. The Agency may impose such other

3 conditions as may be necessary to accomplish the purposes of

4 this Act, and as are not inconsistent with the regulations

5 promulgated by the Board hereunder. Except as otherwise

6 provided in this Act, a bond or other security shall not be

7 required as a condition for the issuance of a permit. If the

8 Agency denies any permit under this Section, the Agency shall

9 transmit to the applicant within the time limitations of this

10 Section specific, detailed statements as to the reasons the

11 permit application was denied. Such statements shall include,

12 but not be limited to, the following:

13       (i) the Sections of this Act which may be violated if

14  the permit were granted;

15       (ii) the provision of the regulations, promulgated

16  under this Act, which may be violated if the permit were

17  granted;

18       (iii) the specific type of information, if any, which

19  the Agency deems the applicant did not provide the Agency;

20  and

21       (iv) a statement of specific reasons why the Act and

22  the regulations might not be met if the permit were

23  granted.

24  If there is no final action by the Agency within 90 days

25 after the filing of the application for permit, the applicant

26 may deem the permit issued; except that this time period shall
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1 be extended to 180 days when (1) notice and opportunity for

2 public hearing are required by State or federal law or

3 regulation, (2) the application which was filed is for any

4 permit to develop a landfill subject to issuance pursuant to

5 this subsection, or (3) the application that was filed is for a

6 MSWLF unit required to issue public notice under subsection

7 (p) of Section 39. The 90-day and 180-day time periods for the

8 Agency to take final action do not apply to NPDES permit

9 applications under subsection (b) of this Section, to RCRA

10 permit applications under subsection (d) of this Section, to

11 UIC permit applications under subsection (e) of this Section,

12 or to CCR surface impoundment applications under subsection

13 (y) of this Section.

14  The Agency shall publish notice of all final permit

15 determinations for development permits for MSWLF units and for

16 significant permit modifications for lateral expansions for

17 existing MSWLF units one time in a newspaper of general

18 circulation in the county in which the unit is or is proposed

19 to be located.

20  After January 1, 1994 and until July 1, 1998, operating

21 permits issued under this Section by the Agency for sources of

22 air pollution permitted to emit less than 25 tons per year of

23 any combination of regulated air pollutants, as defined in

24 Section 39.5 of this Act, shall be required to be renewed only

25 upon written request by the Agency consistent with applicable

26 provisions of this Act and regulations promulgated hereunder.
    SB3917 Enrolled  -4-  LRB104 19364 BDA 32812 b

1 Such operating permits shall expire 180 days after the date of

2 such a request. The Board shall revise its regulations for the

3 existing State air pollution operating permit program

4 consistent with this provision by January 1, 1994.

5   After June 30, 1998, operating permits issued under this

6 Section by the Agency for sources of air pollution that are not

7 subject to Section 39.5 of this Act and are not required to

8 have a federally enforceable State operating permit shall be

9 required to be renewed only upon written request by the Agency

10 consistent with applicable provisions of this Act and its

11 rules. Such operating permits shall expire 180 days after the

12 date of such a request. Before July 1, 1998, the Board shall

13 revise its rules for the existing State air pollution

14 operating permit program consistent with this paragraph and

15 shall adopt rules that require a source to demonstrate that it

16 qualifies for a permit under this paragraph.

17  (b) The Agency may issue NPDES permits exclusively under

18 this subsection for the discharge of contaminants from point

19 sources into navigable waters, all as defined in the Federal

20 Water Pollution Control Act, as now or hereafter amended,

21 within the jurisdiction of the State, or into any well.

22  All NPDES permits shall contain those terms and

23 conditions, including, but not limited to, schedules of

24 compliance, which may be required to accomplish the purposes

25 and provisions of this Act. All NPDES Permits authorizing a

26 discharge from a facility designated by the Agency and the
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1 USEPA as a major facility shall require, at a minimum, for

2 publicly owned treatment works, as well as for privately owned

3 sewage treatment works, periodic sampling of influent,

4 effluent, and biosolids for all perfluoroalkyl and

5 polyfluoroalkyl substances for which there are accredited

6 wastewater analytical methods, and, for all other major

7 industrial facilities, periodic effluent sampling for all

8 perfluoroalkyl and polyfluoroalkyl substances for which there

9 are accredited wastewater analytical methods. If a permittee

10 demonstrates through monitoring data that perfluoroalkyl and

11 polyfluoroalkyl substances have not been detected above the

12 minimum level of quantification for a period of 2 consecutive

13 years, the permittee may request a modification of the NPDES

14 permit. If the Agency makes a determination that such a

15 request is acceptable, then the NPDES permit may be modified

16 to reduce sample frequency.

17  The Agency may issue general NPDES permits for discharges

18 from categories of point sources which are subject to the same

19 permit limitations and conditions. Such general permits may be

20 issued without individual applications and shall conform to

21 regulations promulgated under Section 402 of the Federal Water

22 Pollution Control Act, as now or hereafter amended.

23  The Agency may include, among such conditions, effluent

24 limitations and other requirements established under this Act,

25 Board regulations, the Federal Water Pollution Control Act, as

26 now or hereafter amended, and regulations pursuant thereto,
    SB3917 Enrolled          -6-  LRB104 19364 BDA 32812 b

1 and schedules for achieving compliance therewith at the

2 earliest reasonable date.

3   The Agency shall adopt filing requirements and procedures

4 which are necessary and appropriate for the issuance of NPDES

5 permits, and which are consistent with the Act or regulations

6 adopted by the Board, and with the Federal Water Pollution

7 Control Act, as now or hereafter amended, and regulations

8 pursuant thereto. The Agency shall require any NPDES permit

9 application for a discharge of wastewater that has potential

10 to contain perfluoroalkyl and polyfluoroalkyl substances to

11 fully characterize the discharge through sample results for

12 all perfluoroalkyl and polyfluoroalkyl substances for which

13 there are accredited wastewater analytical methods.

14  The Agency, subject to any conditions which may be

15 prescribed by Board regulations, may issue NPDES permits to

16 allow discharges beyond deadlines established by this Act or

17 by regulations of the Board without the requirement of a

18 variance, subject to the Federal Water Pollution Control Act,

19 as now or hereafter amended, and regulations pursuant thereto.

20  (c) Except for those facilities owned or operated by

21 sanitary districts organized under the Metropolitan Water

22 Reclamation District Act, no permit for the development or

23 construction of a new pollution control facility may be

24 granted by the Agency unless the applicant submits proof to

25 the Agency that the location of the facility has been approved

26 by the county board of the county if in an unincorporated area,
    SB3917 Enrolled   -7-  LRB104 19364 BDA 32812 b

1 or the governing body of the municipality when in an

2 incorporated area, in which the facility is to be located in

3 accordance with Section 39.2 of this Act. For purposes of this

4 subsection (c), and for purposes of Section 39.2 of this Act,

5 the appropriate county board or governing body of the

6 municipality shall be the county board of the county or the

7 governing body of the municipality in which the facility is to

8 be located as of the date when the application for siting

9 approval is filed.

10  In the event that siting approval granted pursuant to

11 Section 39.2 has been transferred to a subsequent owner or

12 operator, that subsequent owner or operator may apply to the

13 Agency for, and the Agency may grant, a development or

14 construction permit for the facility for which local siting

15 approval was granted. Upon application to the Agency for a

16 development or construction permit by that subsequent owner or

17 operator, the permit applicant shall cause written notice of

18 the permit application to be served upon the appropriate

19 county board or governing body of the municipality that

20 granted siting approval for that facility and upon any party

21 to the siting proceeding pursuant to which siting approval was

22 granted. In that event, the Agency shall conduct an evaluation

23 of the subsequent owner or operator's prior experience in

24 waste management operations in the manner conducted under

25 subsection (i) of Section 39 of this Act.

26  Beginning August 20, 1993, if the pollution control
    SB3917 Enrolled              -8-  LRB104 19364 BDA 32812 b

1 facility consists of a hazardous or solid waste disposal

2 facility for which the proposed site is located in an

3 unincorporated area of a county with a population of less than

4 100,000 and includes all or a portion of a parcel of land that

5 was, on April 1, 1993, adjacent to a municipality having a

6 population of less than 5,000, then the local siting review

7 required under this subsection (c) in conjunction with any

8 permit applied for after that date shall be performed by the

9 governing body of that adjacent municipality rather than the

10 county board of the county in which the proposed site is

11 located; and for the purposes of that local siting review, any

12 references in this Act to the county board shall be deemed to

13 mean the governing body of that adjacent municipality;

14 provided, however, that the provisions of this paragraph shall

15 not apply to any proposed site which was, on April 1, 1993,

16 owned in whole or in part by another municipality.

17  In the case of a pollution control facility for which a

18 development permit was issued before November 12, 1981, if an

19 operating permit has not been issued by the Agency prior to

20 August 31, 1989 for any portion of the facility, then the

21 Agency may not issue or renew any development permit nor issue

22 an original operating permit for any portion of such facility

23 unless the applicant has submitted proof to the Agency that

24 the location of the facility has been approved by the

25 appropriate county board or municipal governing body pursuant

26 to Section 39.2 of this Act.
    SB3917 Enrolled  -9-  LRB104 19364 BDA 32812 b

1   After January 1, 1994, if a solid waste disposal facility,

2 any portion for which an operating permit has been issued by

3 the Agency, has not accepted waste disposal for 5 or more

4 consecutive calendar years, before that facility may accept

5 any new or additional waste for disposal, the owner and

6 operator must obtain a new operating permit under this Act for

7 that facility unless the owner and operator have applied to

8 the Agency for a permit authorizing the temporary suspension

9 of waste acceptance. The Agency may not issue a new operation

10 permit under this Act for the facility unless the applicant

11 has submitted proof to the Agency that the location of the

12 facility has been approved or re-approved by the appropriate

13 county board or municipal governing body under Section 39.2 of

14 this Act after the facility ceased accepting waste.

15  Except for those facilities owned or operated by sanitary

16 districts organized under the Metropolitan Water Reclamation

17 District Act, and except for new pollution control facilities

18 governed by Section 39.2, and except for fossil fuel mining

19 facilities, the granting of a permit under this Act shall not

20 relieve the applicant from meeting and securing all necessary

21 zoning approvals from the unit of government having zoning

22 jurisdiction over the proposed facility.

23  Before beginning construction on any new sewage treatment

24 plant or sludge drying site to be owned or operated by a

25 sanitary district organized under the Metropolitan Water

26 Reclamation District Act for which a new permit (rather than
    SB3917 Enrolled   - 10 - LRB104 19364 BDA 32812 b

1 the renewal or amendment of an existing permit) is required,

2 such sanitary district shall hold a public hearing within the

3 municipality within which the proposed facility is to be

4 located, or within the nearest community if the proposed

5 facility is to be located within an unincorporated area, at

6 which information concerning the proposed facility shall be

7 made available to the public, and members of the public shall

8 be given the opportunity to express their views concerning the

9 proposed facility.

10  The Agency may issue a permit for a municipal waste

11 transfer station without requiring approval pursuant to

12 Section 39.2 provided that the following demonstration is

13 made:

14        (1) the municipal waste transfer station was in

15  existence on or before January 1, 1979 and was in

16  continuous operation from January 1, 1979 to January 1,

17  1993;

18        (2) the operator submitted a permit application to the

19  Agency to develop and operate the municipal waste transfer

20  station during April of 1994;

21        (3) the operator can demonstrate that the county board

22  of the county, if the municipal waste transfer station is

23  in an unincorporated area, or the governing body of the

24  municipality, if the station is in an incorporated area,

25  does not object to resumption of the operation of the

26  station; and
    SB3917 Enrolled          - 11 - LRB104 19364 BDA 32812 b

1   (4) the site has local zoning approval.

2   (d) The Agency may issue RCRA permits exclusively under

3 this subsection to persons owning or operating a facility for

4 the treatment, storage, or disposal of hazardous waste as

5 defined under this Act. Subsection (y) of this Section, rather

6 than this subsection (d), shall apply to permits issued for

7 CCR surface impoundments.

8   All RCRA permits shall contain those terms and conditions,

9 including, but not limited to, schedules of compliance, which

10 may be required to accomplish the purposes and provisions of

11 this Act. The Agency may include among such conditions

12 standards and other requirements established under this Act,

13 Board regulations, the Resource Conservation and Recovery Act

14 of 1976 (P.L. 94-580), as amended, and regulations pursuant

15 thereto, and may include schedules for achieving compliance

16 therewith as soon as possible. The Agency shall require that a

17 performance bond or other security be provided as a condition

18 for the issuance of a RCRA permit.

19  In the case of a permit to operate a hazardous waste or PCB

20 incinerator as defined in subsection (k) of Section 44, the

21 Agency shall require, as a condition of the permit, that the

22 operator of the facility perform such analyses of the waste to

23 be incinerated as may be necessary and appropriate to ensure

24 the safe operation of the incinerator.

25  The Agency shall adopt filing requirements and procedures

26 which are necessary and appropriate for the issuance of RCRA
    SB3917 Enrolled  - 12 - LRB104 19364 BDA 32812 b

1 permits, and which are consistent with the Act or regulations

2 adopted by the Board, and with the Resource Conservation and

3 Recovery Act of 1976 (P.L. 94-580), as amended, and

4 regulations pursuant thereto.

5   The applicant shall make available to the public for

6 inspection all documents submitted by the applicant to the

7 Agency in furtherance of an application, with the exception of

8 trade secrets, at the office of the county board or governing

9 body of the municipality. Such documents may be copied upon

10 payment of the actual cost of reproduction during regular

11 business hours of the local office. The Agency shall issue a

12 written statement concurrent with its grant or denial of the

13 permit explaining the basis for its decision.

14  (e) The Agency may issue UIC permits exclusively under

15 this subsection to persons owning or operating a facility for

16 the underground injection of contaminants as defined under

17 this Act.

18  All UIC permits shall contain those terms and conditions,

19 including, but not limited to, schedules of compliance, which

20 may be required to accomplish the purposes and provisions of

21 this Act. The Agency may include among such conditions

22 standards and other requirements established under this Act,

23 Board regulations, the Safe Drinking Water Act (P.L. 93-523),

24 as amended, and regulations pursuant thereto, and may include

25 schedules for achieving compliance therewith. The Agency shall

26 require that a performance bond or other security be provided
    SB3917 Enrolled       - 13 - LRB104 19364 BDA 32812 b

1 as a condition for the issuance of a UIC permit.

2   The Agency shall adopt filing requirements and procedures

3 which are necessary and appropriate for the issuance of UIC

4 permits, and which are consistent with the Act or regulations

5 adopted by the Board, and with the Safe Drinking Water Act

6 (P.L. 93-523), as amended, and regulations pursuant thereto.

7   The applicant shall make available to the public for

8 inspection all documents submitted by the applicant to the

9 Agency in furtherance of an application, with the exception of

10 trade secrets, at the office of the county board or governing

11 body of the municipality. Such documents may be copied upon

12 payment of the actual cost of reproduction during regular

13 business hours of the local office. The Agency shall issue a

14 written statement concurrent with its grant or denial of the

15 permit explaining the basis for its decision.

16  (f) In making any determination pursuant to Section 9.1 of

17 this Act:

18  (1) The Agency shall have authority to make the

19  determination of any question required to be determined by

20  the Clean Air Act, as now or hereafter amended, this Act,

21  or the regulations of the Board, including the

22  determination of the Lowest Achievable Emission Rate,

23  Maximum Achievable Control Technology, or Best Available

24  Control Technology, consistent with the Board's

25  regulations, if any.

26  (2) The Agency shall adopt requirements as necessary
    SB3917 Enrolled         - 14 - LRB104 19364 BDA 32812 b

1   to implement public participation procedures, including,

2   but not limited to, public notice, comment, and an

3   opportunity for hearing, which must accompany the

4   processing of applications for PSD permits. The Agency

5   shall briefly describe and respond to all significant

6   comments on the draft permit raised during the public

7   comment period or during any hearing. The Agency may group

8   related comments together and provide one unified response

9   for each issue raised.

10  (3) Any complete permit application submitted to the

11  Agency under this subsection for a PSD permit shall be

12  granted or denied by the Agency not later than one year

13  after the filing of such completed application.

14  (4) The Agency shall, after conferring with the

15  applicant, give written notice to the applicant of its

16  proposed decision on the application, including the terms

17  and conditions of the permit to be issued and the facts,

18  conduct, or other basis upon which the Agency will rely to

19  support its proposed action.

20  (g) The Agency shall include as conditions upon all

21 permits issued for hazardous waste disposal sites such

22 restrictions upon the future use of such sites as are

23 reasonably necessary to protect public health and the

24 environment, including permanent prohibition of the use of

25 such sites for purposes which may create an unreasonable risk

26 of injury to human health or to the environment. After
   SB3917 Enrolled  - 15 - LRB104 19364 BDA 32812 b

1 administrative and judicial challenges to such restrictions

2 have been exhausted, the Agency shall file such restrictions

3 of record in the Office of the Recorder of the county in which

4 the hazardous waste disposal site is located.

5  (h) A hazardous waste stream may not be deposited in a

6 permitted hazardous waste site unless specific authorization

7 is obtained from the Agency by the generator and disposal site

8 owner and operator for the deposit of that specific hazardous

9 waste stream. The Agency may grant specific authorization for

10 disposal of hazardous waste streams only after the generator

11 has reasonably demonstrated that, considering technological

12 feasibility and economic reasonableness, the hazardous waste

13 cannot be reasonably recycled for reuse, nor incinerated or

14 chemically, physically, or biologically treated so as to

15 neutralize the hazardous waste and render it nonhazardous. In

16 granting authorization under this Section, the Agency may

17 impose such conditions as may be necessary to accomplish the

18 purposes of the Act and are consistent with this Act and

19 regulations promulgated by the Board hereunder. If the Agency

20 refuses to grant authorization under this Section, the

21 applicant may appeal as if the Agency refused to grant a

22 permit, pursuant to the provisions of subsection (a) of

23 Section 40 of this Act. For purposes of this subsection (h),

24 the term "generator" has the meaning given in Section 3.205 of

25 this Act, unless: (1) the hazardous waste is treated,

26 incinerated, or partially recycled for reuse prior to
    SB3917 Enrolled  - 16 - LRB104 19364 BDA 32812 b

1 disposal, in which case the last person who treats,

2 incinerates, or partially recycles the hazardous waste prior

3 to disposal is the generator; or (2) the hazardous waste is

4 from a response action, in which case the person performing

5 the response action is the generator. This subsection (h) does

6 not apply to any hazardous waste that is restricted from land

7 disposal under 35 Ill. Adm. Code 728.

8   (i) Before issuing any RCRA permit, any permit for a waste

9 storage site, sanitary landfill, waste disposal site, waste

10 transfer station, waste treatment facility, waste incinerator,

11 or any waste-transportation operation, any permit or interim

12 authorization for a clean construction or demolition debris

13 fill operation, or any permit required under subsection (d-5)

14 of Section 55, the Agency shall conduct an evaluation of the

15 prospective owner's or operator's prior experience in waste

16 management operations, clean construction or demolition debris

17 fill operations, and tire storage site management. The Agency

18 may deny such a permit, or deny or revoke interim

19 authorization, if the prospective owner or operator or any

20 employee or officer of the prospective owner or operator has a

21 history of:

22  (1) repeated violations of federal, State, or local

23  laws, regulations, standards, or ordinances in the

24  operation of waste management facilities or sites, clean

25  construction or demolition debris fill operation

26  facilities or sites, or tire storage sites; or
    SB3917 Enrolled  - 17 - LRB104 19364 BDA 32812 b

1   (2) conviction in this or another State of any crime

2   which is a felony under the laws of this State, or

3   conviction of a felony in a federal court; or conviction

4   in this or another state or federal court of any of the

5   following crimes: forgery, official misconduct, bribery,

6   perjury, or knowingly submitting false information under

7   any environmental law, regulation, or permit term or

8   condition; or

9   (3) proof of gross carelessness or incompetence in

10  handling, storing, processing, transporting, or disposing

11  of waste, clean construction or demolition debris, or used

12  or waste tires, or proof of gross carelessness or

13  incompetence in using clean construction or demolition

14  debris as fill.

15  (i-5) Before issuing any permit or approving any interim

16 authorization for a clean construction or demolition debris

17 fill operation in which any ownership interest is transferred

18 between January 1, 2005, and the effective date of the

19 prohibition set forth in Section 22.52 of this Act, the Agency

20 shall conduct an evaluation of the operation if any previous

21 activities at the site or facility may have caused or allowed

22 contamination of the site. It shall be the responsibility of

23 the owner or operator seeking the permit or interim

24 authorization to provide to the Agency all of the information

25 necessary for the Agency to conduct its evaluation. The Agency

26 may deny a permit or interim authorization if previous
    SB3917 Enrolled          - 18 - LRB104 19364 BDA 32812 b

1 activities at the site may have caused or allowed

2 contamination at the site, unless such contamination is

3 authorized under any permit issued by the Agency.

4   (j) The issuance under this Act of a permit to engage in

5 the surface mining of any resources other than fossil fuels

6 shall not relieve the permittee from its duty to comply with

7 any applicable local law regulating the commencement,

8 location, or operation of surface mining facilities.

9   (k) A development permit issued under subsection (a) of

10 Section 39 for any facility or site which is required to have a

11 permit under subsection (d) of Section 21 shall expire at the

12 end of 2 calendar years from the date upon which it was issued,

13 unless within that period the applicant has taken action to

14 develop the facility or the site. In the event that review of

15 the conditions of the development permit is sought pursuant to

16 Section 40 or 41, or permittee is prevented from commencing

17 development of the facility or site by any other litigation

18 beyond the permittee's control, such two-year period shall be

19 deemed to begin on the date upon which such review process or

20 litigation is concluded.

21  (l) No permit shall be issued by the Agency under this Act

22 for construction or operation of any facility or site located

23 within the boundaries of any setback zone established pursuant

24 to this Act, where such construction or operation is

25 prohibited.

26  (m) The Agency may issue permits to persons owning or
    SB3917 Enrolled           - 19 - LRB104 19364 BDA 32812 b

1 operating a facility for composting landscape waste. In

2 granting such permits, the Agency may impose such conditions

3 as may be necessary to accomplish the purposes of this Act, and

4 as are not inconsistent with applicable regulations

5 promulgated by the Board. Except as otherwise provided in this

6 Act, a bond or other security shall not be required as a

7 condition for the issuance of a permit. If the Agency denies

8 any permit pursuant to this subsection, the Agency shall

9 transmit to the applicant within the time limitations of this

10 subsection specific, detailed statements as to the reasons the

11 permit application was denied. Such statements shall include

12 but not be limited to the following:

13  (1) the Sections of this Act that may be violated if

14  the permit were granted;

15  (2) the specific regulations promulgated pursuant to

16  this Act that may be violated if the permit were granted;

17  (3) the specific information, if any, the Agency deems

18  the applicant did not provide in its application to the

19  Agency; and

20  (4) a statement of specific reasons why the Act and

21  the regulations might be violated if the permit were

22  granted.

23  If no final action is taken by the Agency within 90 days

24 after the filing of the application for permit, the applicant

25 may deem the permit issued. Any applicant for a permit may

26 waive the 90-day limitation by filing a written statement with
    SB3917 Enrolled  - 20 - LRB104 19364 BDA 32812 b

1 the Agency.

2   The Agency shall issue permits for such facilities upon

3 receipt of an application that includes a legal description of

4 the site, a topographic map of the site drawn to the scale of

5 200 feet to the inch or larger, a description of the operation,

6 including the area served, an estimate of the volume of

7 materials to be processed, and documentation that:

8   (1) the facility includes a setback of at least 200

9   feet from the nearest potable water supply well;

10  (2) the facility is located outside the boundary of

11  the 10-year floodplain or the site will be floodproofed;

12  (3) the facility is located so as to minimize

13  incompatibility with the character of the surrounding

14  area, including at least a 200 foot setback from any

15  residence, and in the case of a facility that is developed

16  or the permitted composting area of which is expanded

17  after November 17, 1991, the composting area is located at

18  least 1/8 mile from the nearest residence (other than a

19  residence located on the same property as the facility);

20  (4) the design of the facility will prevent any

21  compost material from being placed within 5 feet of the

22  water table, will adequately control runoff from the site,

23  and will collect and manage any leachate that is generated

24  on the site;

25  (5) the operation of the facility will include

26  appropriate dust and odor control measures, limitations on
    SB3917 Enrolled     - 21 - LRB104 19364 BDA 32812 b

1   operating hours, appropriate noise control measures for

2   shredding, chipping and similar equipment, management

3   procedures for composting, containment and disposal of

4   non-compostable wastes, procedures to be used for

5   terminating operations at the site, and recordkeeping

6   sufficient to document the amount of materials received,

7   composted, and otherwise disposed of; and

8   (6) the operation will be conducted in accordance with

9   any applicable rules adopted by the Board.

10  The Agency shall issue renewable permits of not longer

11 than 10 years in duration for the composting of landscape

12 wastes, as defined in Section 3.155 of this Act, based on the

13 above requirements.

14  The operator of any facility permitted under this

15 subsection (m) must submit a written annual statement to the

16 Agency on or before April 1 of each year that includes an

17 estimate of the amount of material, in tons, received for

18 composting.

19  (n) The Agency shall issue permits jointly with the

20 Department of Transportation for the dredging or deposit of

21 material in Lake Michigan in accordance with Section 18 of the

22 Rivers, Lakes, and Streams Act.

23  (o) (Blank).

24  (p) (1) Any person submitting an application for a permit

25 for a new MSWLF unit or for a lateral expansion under

26 subsection (t) of Section 21 of this Act for an existing MSWLF
    SB3917 Enrolled  - 22 - LRB104 19364 BDA 32812 b

1 unit that has not received and is not subject to local siting

2 approval under Section 39.2 of this Act shall publish notice

3 of the application in a newspaper of general circulation in

4 the county in which the MSWLF unit is or is proposed to be

5 located. The notice must be published at least 15 days before

6 submission of the permit application to the Agency. The notice

7 shall state the name and address of the applicant, the

8 location of the MSWLF unit or proposed MSWLF unit, the nature

9 and size of the MSWLF unit or proposed MSWLF unit, the nature

10 of the activity proposed, the probable life of the proposed

11 activity, the date the permit application will be submitted,

12 and a statement that persons may file written comments with

13 the Agency concerning the permit application within 30 days

14 after the filing of the permit application unless the time

15 period to submit comments is extended by the Agency.

16  When a permit applicant submits information to the Agency

17 to supplement a permit application being reviewed by the

18 Agency, the applicant shall not be required to reissue the

19 notice under this subsection.

20  (2) The Agency shall accept written comments concerning

21 the permit application that are postmarked no later than 30

22 days after the filing of the permit application, unless the

23 time period to accept comments is extended by the Agency.

24  (3) Each applicant for a permit described in part (1) of

25 this subsection shall file a copy of the permit application

26 with the county board or governing body of the municipality in
    SB3917 Enrolled              - 23 - LRB104 19364 BDA 32812 b

1 which the MSWLF unit is or is proposed to be located at the

2 same time the application is submitted to the Agency. The

3 permit application filed with the county board or governing

4 body of the municipality shall include all documents submitted

5 to or to be submitted to the Agency, except trade secrets as

6 determined under Section 7.1 of this Act. The permit

7 application and other documents on file with the county board

8 or governing body of the municipality shall be made available

9 for public inspection during regular business hours at the

10 office of the county board or the governing body of the

11 municipality and may be copied upon payment of the actual cost

12 of reproduction.

13  (q) Within 6 months after July 12, 2011 (the effective

14 date of Public Act 97-95), the Agency, in consultation with

15 the regulated community, shall develop a web portal to be

16 posted on its website for the purpose of enhancing review and

17 promoting timely issuance of permits required by this Act. At

18 a minimum, the Agency shall make the following information

19 available on the web portal:

20  (1) Checklists and guidance relating to the completion

21  of permit applications, developed pursuant to subsection

22  (s) of this Section, which may include, but are not

23  limited to, existing instructions for completing the

24  applications and examples of complete applications. As the

25  Agency develops new checklists and develops guidance, it

26  shall supplement the web portal with those materials.
    SB3917 Enrolled  - 24 - LRB104 19364 BDA 32812 b

1   (2) Within 2 years after July 12, 2011 (the effective

2   date of Public Act 97-95), permit application forms or

3   portions of permit applications that can be completed and

4   saved electronically, and submitted to the Agency

5   electronically with digital signatures.

6   (3) Within 2 years after July 12, 2011 (the effective

7   date of Public Act 97-95), an online tracking system where

8   an applicant may review the status of its pending

9   application, including the name and contact information of

10  the permit analyst assigned to the application. Until the

11  online tracking system has been developed, the Agency

12  shall post on its website semi-annual permitting

13  efficiency tracking reports that include statistics on the

14  timeframes for Agency action on the following types of

15  permits received after July 12, 2011 (the effective date

16  of Public Act 97-95): air construction permits, new NPDES

17  permits and associated water construction permits, and

18  modifications of major NPDES permits and associated water

19  construction permits. The reports must be posted by

20  February 1 and August 1 each year and shall include:

21  (A) the number of applications received for each

22  type of permit, the number of applications on which

23  the Agency has taken action, and the number of

24  applications still pending; and

25  (B) for those applications where the Agency has

26  not taken action in accordance with the timeframes set
    SB3917 Enrolled       - 25 - LRB104 19364 BDA 32812 b

1   forth in this Act, the date the application was

2   received and the reasons for any delays, which may

3   include, but shall not be limited to, (i) the

4   application being inadequate or incomplete, (ii)

5   scientific or technical disagreements with the

6   applicant, USEPA, or other local, state, or federal

7   agencies involved in the permitting approval process,

8   (iii) public opposition to the permit, or (iv) Agency

9   staffing shortages. To the extent practicable, the

10  tracking report shall provide approximate dates when

11  cause for delay was identified by the Agency, when the

12  Agency informed the applicant of the problem leading

13  to the delay, and when the applicant remedied the

14  reason for the delay.

15  (r) Upon the request of the applicant, the Agency shall

16 notify the applicant of the permit analyst assigned to the

17 application upon its receipt.

18  (s) The Agency is authorized to prepare and distribute

19 guidance documents relating to its administration of this

20 Section and procedural rules implementing this Section.

21 Guidance documents prepared under this subsection shall not be

22 considered rules and shall not be subject to the Illinois

23 Administrative Procedure Act. Such guidance shall not be

24 binding on any party.

25  (t) Except as otherwise prohibited by federal law or

26 regulation, any person submitting an application for a permit
    SB3917 Enrolled        - 26 - LRB104 19364 BDA 32812 b

1 may include with the application suggested permit language for

2 Agency consideration. The Agency is not obligated to use the

3 suggested language or any portion thereof in its permitting

4 decision. If requested by the permit applicant, the Agency

5 shall meet with the applicant to discuss the suggested

6 language.

7   (u) If requested by the permit applicant, the Agency shall

8 provide the permit applicant with a copy of the draft permit

9 prior to any public review period.

10  (v) If requested by the permit applicant, the Agency shall

11 provide the permit applicant with a copy of the final permit

12 prior to its issuance.

13  (w) An air pollution permit shall not be required due to

14 emissions of greenhouse gases, as specified by Section 9.15 of

15 this Act.

16  (x) If, before the expiration of a State operating permit

17 that is issued pursuant to subsection (a) of this Section and

18 contains federally enforceable conditions limiting the

19 potential to emit of the source to a level below the major

20 source threshold for that source so as to exclude the source

21 from the Clean Air Act Permit Program, the Agency receives a

22 complete application for the renewal of that permit, then all

23 of the terms and conditions of the permit shall remain in

24 effect until final administrative action has been taken on the

25 application for the renewal of the permit.

26  (y) The Agency may issue permits exclusively under this
    SB3917 Enrolled       - 27 - LRB104 19364 BDA 32812 b

1 subsection to persons owning or operating a CCR surface

2 impoundment subject to Section 22.59.

3   (z) If a mass animal mortality event is declared by the

4 Department of Agriculture in accordance with the Animal

5 Mortality Act:

6   (1) the owner or operator responsible for the disposal

7   of dead animals is exempted from the following:

8   (i) obtaining a permit for the construction,

9   installation, or operation of any type of facility or

10  equipment issued in accordance with subsection (a) of

11  this Section;

12  (ii) obtaining a permit for open burning in

13  accordance with the rules adopted by the Board; and

14  (iii) registering the disposal of dead animals as

15  an eligible small source with the Agency in accordance

16  with Section 9.14 of this Act;

17  (2) as applicable, the owner or operator responsible

18  for the disposal of dead animals is required to obtain the

19  following permits:

20  (i) an NPDES permit in accordance with subsection

21  (b) of this Section;

22  (ii) a PSD permit or an NA NSR permit in accordance

23  with Section 9.1 of this Act;

24  (iii) a lifetime State operating permit or a

25  federally enforceable State operating permit, in

26  accordance with subsection (a) of this Section; or
    SB3917 Enrolled    - 28 - LRB104 19364 BDA 32812 b

1   (iv) a CAAPP permit, in accordance with Section

2   39.5 of this Act.

3   All CCR surface impoundment permits shall contain those

4 terms and conditions, including, but not limited to, schedules

5 of compliance, which may be required to accomplish the

6 purposes and provisions of this Act, Board regulations, the

7 Illinois Groundwater Protection Act and regulations pursuant

8 thereto, and the Resource Conservation and Recovery Act and

9 regulations pursuant thereto, and may include schedules for

10 achieving compliance therewith as soon as possible.

11  The Board shall adopt filing requirements and procedures

12 that are necessary and appropriate for the issuance of CCR

13 surface impoundment permits and that are consistent with this

14 Act or regulations adopted by the Board, and with the RCRA, as

15 amended, and regulations pursuant thereto.

16  The applicant shall make available to the public for

17 inspection all documents submitted by the applicant to the

18 Agency in furtherance of an application, with the exception of

19 trade secrets, on its public internet website as well as at the

20 office of the county board or governing body of the

21 municipality where CCR from the CCR surface impoundment will

22 be permanently disposed. Such documents may be copied upon

23 payment of the actual cost of reproduction during regular

24 business hours of the local office.

25  The Agency shall issue a written statement concurrent with

26 its grant or denial of the permit explaining the basis for its
   SB3917 Enrolled  - 29 - LRB104 19364 BDA 32812 b

1 decision.
2 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
3 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

4  (Text of Section after amendment by P.A. 104-458)

5  Sec. 39. Issuance of permits; procedures.

6  (a) When the Board has by regulation required a permit for

7 the construction, installation, or operation of any type of

8 facility, equipment, vehicle, vessel, or aircraft, the

9 applicant shall apply to the Agency for such permit and it

10 shall be the duty of the Agency to issue such a permit upon

11 proof by the applicant that the facility, equipment, vehicle,

12 vessel, or aircraft will not cause a violation of this Act or

13 of regulations hereunder. The Agency shall adopt such

14 procedures as are necessary to carry out its duties under this

15 Section. In making its determinations on permit applications

16 under this Section the Agency may consider prior adjudications

17 of noncompliance with this Act by the applicant that involved

18 a release of a contaminant into the environment. In granting

19 permits, the Agency may impose reasonable conditions

20 specifically related to the applicant's past compliance

21 history with this Act as necessary to correct, detect, or

22 prevent noncompliance. The Agency may impose such other

23 conditions as may be necessary to accomplish the purposes of

24 this Act, and as are not inconsistent with the regulations

25 promulgated by the Board hereunder. Except as otherwise
    SB3917 Enrolled           - 30 - LRB104 19364 BDA 32812 b

1 provided in this Act, a bond or other security shall not be

2 required as a condition for the issuance of a permit. If the

3 Agency denies any permit under this Section, the Agency shall

4 transmit to the applicant within the time limitations of this

5 Section specific, detailed statements as to the reasons the

6 permit application was denied. Such statements shall include,

7 but not be limited to, the following:

8        (i) the Sections of this Act which may be violated if

9   the permit were granted;

10       (ii) the provision of the regulations, promulgated

11  under this Act, which may be violated if the permit were

12  granted;

13       (iii) the specific type of information, if any, which

14  the Agency deems the applicant did not provide the Agency;

15  and

16       (iv) a statement of specific reasons why the Act and

17  the regulations might not be met if the permit were

18  granted.

19  If there is no final action by the Agency within 90 days

20 after the filing of the application for permit, the applicant

21 may deem the permit issued; except that this time period shall

22 be extended to 180 days when (1) notice and opportunity for

23 public hearing are required by State or federal law or

24 regulation, (2) the application which was filed is for any

25 permit to develop a landfill subject to issuance pursuant to

26 this subsection, or (3) the application that was filed is for a
    SB3917 Enrolled     - 31 - LRB104 19364 BDA 32812 b

1 MSWLF unit required to issue public notice under subsection

2 (p) of Section 39. The 90-day and 180-day time periods for the

3 Agency to take final action do not apply to NPDES permit

4 applications under subsection (b) of this Section, to RCRA

5 permit applications under subsection (d) of this Section, to

6 UIC permit applications under subsection (e) of this Section,

7 or to CCR surface impoundment applications under subsection

8 (y) of this Section.

9   The Agency shall publish notice of all final permit

10 determinations for development permits for MSWLF units and for

11 significant permit modifications for lateral expansions for

12 existing MSWLF units one time in a newspaper of general

13 circulation in the county in which the unit is or is proposed

14 to be located.

15  After January 1, 1994 and until July 1, 1998, operating

16 permits issued under this Section by the Agency for sources of

17 air pollution permitted to emit less than 25 tons per year of

18 any combination of regulated air pollutants, as defined in

19 Section 39.5 of this Act, shall be required to be renewed only

20 upon written request by the Agency consistent with applicable

21 provisions of this Act and regulations promulgated hereunder.

22 Such operating permits shall expire 180 days after the date of

23 such a request. The Board shall revise its regulations for the

24 existing State air pollution operating permit program

25 consistent with this provision by January 1, 1994.

26  After June 30, 1998, operating permits issued under this
    SB3917 Enrolled  - 32 - LRB104 19364 BDA 32812 b

1 Section by the Agency for sources of air pollution that are not

2 subject to Section 39.5 of this Act and are not required to

3 have a federally enforceable State operating permit shall be

4 required to be renewed only upon written request by the Agency

5 consistent with applicable provisions of this Act and its

6 rules. Such operating permits shall expire 180 days after the

7 date of such a request. Before July 1, 1998, the Board shall

8 revise its rules for the existing State air pollution

9 operating permit program consistent with this paragraph and

10 shall adopt rules that require a source to demonstrate that it

11 qualifies for a permit under this paragraph.

12  Each air pollution construction permit for diesel powered

13 backup generators to a source that is a data center, as defined

14 in subsection (c) of Section 605-1025 of the Department of

15 Commerce and Economic Opportunity Law of the Civil

16 Administrative Code of Illinois, that is applied for 6 months

17 after the effective date of this amendatory Act of the 104th

18 General Assembly and that is required to have a federally

19 enforceable State operating permit or a Clean Air Act Permit

20 Program permit shall, in addition to any other applicable

21 requirements, require each backup generator to: (i) meet

22 standards at least as protective as Tier 4 standards for

23 non-road diesel engines set out by the United States

24 Environmental Protection Agency in 40 CFR 1039, as it exists

25 on the effective date of this amendatory Act of the 104th

26 General Assembly, and (ii) operate solely as an emergency or
    SB3917 Enrolled  - 33 - LRB104 19364 BDA 32812 b

1 standby unit in accordance with 35 Ill. Adm. Code 211.1920, as

2 it exists on the effective date of this amendatory Act of the

3 104th General Assembly. If a diesel powered backup generator

4 becomes out of compliance with the Tier 4 standards for

5 non-road compression-ignition engines during a power outage,

6 the backup generator may (1) continue to operate for up to 24

7 sequential hours after becoming noncompliant with the Tier 4

8 standards or (2) operate when compliance is achieved.

9 Notwithstanding any provision of law to the contrary,

10 operation of the backup generator for up to 24 sequential

11 hours after becoming noncompliant with the Tier 4 standards

12 shall not be considered a violation of the permit.

13  Each air pollution construction permit for natural gas

14 powered backup generators for a source that is a data center,

15 as defined in subsection (c) of Section 605-1025 of the

16 Department of Commerce and Economic Opportunity Law of the

17 Civil Administrative Code of Illinois, that is applied for 6

18 months after the effective date of this amendatory Act of the

19 104th General Assembly and that is required to have a

20 federally enforceable State operating permit or a Clean Air

21 Act Permit Program permit shall, in addition to any other

22 applicable requirements, require each backup generator to: (i)

23 meet standards at least as protective as Tier 2 standards for

24 non-road large spark-ignition engines set out by the United

25 States Environmental Protection Agency in 40 CFR 1048, as it

26 exists on the effective date of this amendatory Act of the
    SB3917 Enrolled  - 34 - LRB104 19364 BDA 32812 b

1 104th General Assembly, and (ii) operate solely as an

2 emergency or standby unit in accordance with 35 Ill. Adm. Code

3 211.1920, as it exists on the effective date of this

4 amendatory Act of the 104th General Assembly. If a natural gas

5 powered backup generator becomes out of compliance with the

6 Tier 2 standards for non-road large spark-ignition engines

7 during a power outage, the backup generator may (1) continue

8 to operate for up to 24 sequential hours after becoming

9 noncompliant with the Tier 2 standards or (2) operate when

10 compliance is achieved. Notwithstanding any provision of law

11 to the contrary, operation of the backup generator for up to 24

12 sequential hours after becoming noncompliant with the Tier 2

13 standards shall not be considered a violation of the permit.

14  (b) The Agency may issue NPDES permits exclusively under

15 this subsection for the discharge of contaminants from point

16 sources into navigable waters, all as defined in the Federal

17 Water Pollution Control Act, as now or hereafter amended,

18 within the jurisdiction of the State, or into any well.

19  All NPDES permits shall contain those terms and

20 conditions, including, but not limited to, schedules of

21 compliance, which may be required to accomplish the purposes

22 and provisions of this Act. All NPDES Permits authorizing a

23 discharge from a facility designated by the Agency and the

24 USEPA as a major facility shall require, at a minimum, for

25 publicly owned treatment works, as well as for privately owned

26 sewage treatment works, periodic sampling of influent,
    SB3917 Enrolled             - 35 - LRB104 19364 BDA 32812 b

1 effluent, and biosolids for all perfluoroalkyl and

2 polyfluoroalkyl substances for which there are accredited

3 wastewater analytical methods, and, for all other major

4 industrial facilities, periodic effluent sampling for all

5 perfluoroalkyl and polyfluoroalkyl substances for which there

6 are accredited wastewater analytical methods. If a permittee

7 demonstrates through monitoring data that perfluoroalkyl and

8 polyfluoroalkyl substances have not been detected above the

9 minimum level of quantification for a period of 2 consecutive

10 years, the permittee may request a modification of the NPDES

11 permit. If the Agency makes a determination that such a

12 request is acceptable, then the NPDES permit may be modified

13 to reduce sample frequency.

14  The Agency may issue general NPDES permits for discharges

15 from categories of point sources which are subject to the same

16 permit limitations and conditions. Such general permits may be

17 issued without individual applications and shall conform to

18 regulations promulgated under Section 402 of the Federal Water

19 Pollution Control Act, as now or hereafter amended.

20  The Agency may include, among such conditions, effluent

21 limitations and other requirements established under this Act,

22 Board regulations, the Federal Water Pollution Control Act, as

23 now or hereafter amended, and regulations pursuant thereto,

24 and schedules for achieving compliance therewith at the

25 earliest reasonable date.

26  The Agency shall adopt filing requirements and procedures
    SB3917 Enrolled  - 36 - LRB104 19364 BDA 32812 b

1 which are necessary and appropriate for the issuance of NPDES

2 permits, and which are consistent with the Act or regulations

3 adopted by the Board, and with the Federal Water Pollution

4 Control Act, as now or hereafter amended, and regulations

5 pursuant thereto. The Agency shall require any NPDES permit

6 application for a discharge of wastewater that has potential

7 to contain perfluoroalkyl and polyfluoroalkyl substances to

8 fully characterize the discharge through sample results for

9 all perfluoroalkyl and polyfluoroalkyl substances for which

10 there are accredited wastewater analytical methods.

11  The Agency, subject to any conditions which may be

12 prescribed by Board regulations, may issue NPDES permits to

13 allow discharges beyond deadlines established by this Act or

14 by regulations of the Board without the requirement of a

15 variance, subject to the Federal Water Pollution Control Act,

16 as now or hereafter amended, and regulations pursuant thereto.

17  (c) Except for those facilities owned or operated by

18 sanitary districts organized under the Metropolitan Water

19 Reclamation District Act, no permit for the development or

20 construction of a new pollution control facility may be

21 granted by the Agency unless the applicant submits proof to

22 the Agency that the location of the facility has been approved

23 by the county board of the county if in an unincorporated area,

24 or the governing body of the municipality when in an

25 incorporated area, in which the facility is to be located in

26 accordance with Section 39.2 of this Act. For purposes of this
    SB3917 Enrolled   - 37 - LRB104 19364 BDA 32812 b

1 subsection (c), and for purposes of Section 39.2 of this Act,

2 the appropriate county board or governing body of the

3 municipality shall be the county board of the county or the

4 governing body of the municipality in which the facility is to

5 be located as of the date when the application for siting

6 approval is filed.

7   In the event that siting approval granted pursuant to

8 Section 39.2 has been transferred to a subsequent owner or

9 operator, that subsequent owner or operator may apply to the

10 Agency for, and the Agency may grant, a development or

11 construction permit for the facility for which local siting

12 approval was granted. Upon application to the Agency for a

13 development or construction permit by that subsequent owner or

14 operator, the permit applicant shall cause written notice of

15 the permit application to be served upon the appropriate

16 county board or governing body of the municipality that

17 granted siting approval for that facility and upon any party

18 to the siting proceeding pursuant to which siting approval was

19 granted. In that event, the Agency shall conduct an evaluation

20 of the subsequent owner or operator's prior experience in

21 waste management operations in the manner conducted under

22 subsection (i) of Section 39 of this Act.

23  Beginning August 20, 1993, if the pollution control

24 facility consists of a hazardous or solid waste disposal

25 facility for which the proposed site is located in an

26 unincorporated area of a county with a population of less than
    SB3917 Enrolled              - 38 - LRB104 19364 BDA 32812 b

1 100,000 and includes all or a portion of a parcel of land that

2 was, on April 1, 1993, adjacent to a municipality having a

3 population of less than 5,000, then the local siting review

4 required under this subsection (c) in conjunction with any

5 permit applied for after that date shall be performed by the

6 governing body of that adjacent municipality rather than the

7 county board of the county in which the proposed site is

8 located; and for the purposes of that local siting review, any

9 references in this Act to the county board shall be deemed to

10 mean the governing body of that adjacent municipality;

11 provided, however, that the provisions of this paragraph shall

12 not apply to any proposed site which was, on April 1, 1993,

13 owned in whole or in part by another municipality.

14  In the case of a pollution control facility for which a

15 development permit was issued before November 12, 1981, if an

16 operating permit has not been issued by the Agency prior to

17 August 31, 1989 for any portion of the facility, then the

18 Agency may not issue or renew any development permit nor issue

19 an original operating permit for any portion of such facility

20 unless the applicant has submitted proof to the Agency that

21 the location of the facility has been approved by the

22 appropriate county board or municipal governing body pursuant

23 to Section 39.2 of this Act.

24  After January 1, 1994, if a solid waste disposal facility,

25 any portion for which an operating permit has been issued by

26 the Agency, has not accepted waste disposal for 5 or more
    SB3917 Enrolled  - 39 - LRB104 19364 BDA 32812 b

1 consecutive calendar years, before that facility may accept

2 any new or additional waste for disposal, the owner and

3 operator must obtain a new operating permit under this Act for

4 that facility unless the owner and operator have applied to

5 the Agency for a permit authorizing the temporary suspension

6 of waste acceptance. The Agency may not issue a new operation

7 permit under this Act for the facility unless the applicant

8 has submitted proof to the Agency that the location of the

9 facility has been approved or re-approved by the appropriate

10 county board or municipal governing body under Section 39.2 of

11 this Act after the facility ceased accepting waste.

12  Except for those facilities owned or operated by sanitary

13 districts organized under the Metropolitan Water Reclamation

14 District Act, and except for new pollution control facilities

15 governed by Section 39.2, and except for fossil fuel mining

16 facilities, the granting of a permit under this Act shall not

17 relieve the applicant from meeting and securing all necessary

18 zoning approvals from the unit of government having zoning

19 jurisdiction over the proposed facility.

20  Before beginning construction on any new sewage treatment

21 plant or sludge drying site to be owned or operated by a

22 sanitary district organized under the Metropolitan Water

23 Reclamation District Act for which a new permit (rather than

24 the renewal or amendment of an existing permit) is required,

25 such sanitary district shall hold a public hearing within the

26 municipality within which the proposed facility is to be
    SB3917 Enrolled   - 40 - LRB104 19364 BDA 32812 b

1 located, or within the nearest community if the proposed

2 facility is to be located within an unincorporated area, at

3 which information concerning the proposed facility shall be

4 made available to the public, and members of the public shall

5 be given the opportunity to express their views concerning the

6 proposed facility.

7   The Agency may issue a permit for a municipal waste

8 transfer station without requiring approval pursuant to

9 Section 39.2 provided that the following demonstration is

10 made:

11        (1) the municipal waste transfer station was in

12  existence on or before January 1, 1979 and was in

13  continuous operation from January 1, 1979 to January 1,

14  1993;

15        (2) the operator submitted a permit application to the

16  Agency to develop and operate the municipal waste transfer

17  station during April of 1994;

18        (3) the operator can demonstrate that the county board

19  of the county, if the municipal waste transfer station is

20  in an unincorporated area, or the governing body of the

21  municipality, if the station is in an incorporated area,

22  does not object to resumption of the operation of the

23  station; and

24        (4) the site has local zoning approval.

25  (d) The Agency may issue RCRA permits exclusively under

26 this subsection to persons owning or operating a facility for
    SB3917 Enrolled          - 41 - LRB104 19364 BDA 32812 b

1 the treatment, storage, or disposal of hazardous waste as

2 defined under this Act. Subsection (y) of this Section, rather

3 than this subsection (d), shall apply to permits issued for

4 CCR surface impoundments.

5   All RCRA permits shall contain those terms and conditions,

6 including, but not limited to, schedules of compliance, which

7 may be required to accomplish the purposes and provisions of

8 this Act. The Agency may include among such conditions

9 standards and other requirements established under this Act,

10 Board regulations, the Resource Conservation and Recovery Act

11 of 1976 (P.L. 94-580), as amended, and regulations pursuant

12 thereto, and may include schedules for achieving compliance

13 therewith as soon as possible. The Agency shall require that a

14 performance bond or other security be provided as a condition

15 for the issuance of a RCRA permit.

16  In the case of a permit to operate a hazardous waste or PCB

17 incinerator as defined in subsection (k) of Section 44, the

18 Agency shall require, as a condition of the permit, that the

19 operator of the facility perform such analyses of the waste to

20 be incinerated as may be necessary and appropriate to ensure

21 the safe operation of the incinerator.

22  The Agency shall adopt filing requirements and procedures

23 which are necessary and appropriate for the issuance of RCRA

24 permits, and which are consistent with the Act or regulations

25 adopted by the Board, and with the Resource Conservation and

26 Recovery Act of 1976 (P.L. 94-580), as amended, and
    SB3917 Enrolled  - 42 - LRB104 19364 BDA 32812 b

1 regulations pursuant thereto.

2   The applicant shall make available to the public for

3 inspection all documents submitted by the applicant to the

4 Agency in furtherance of an application, with the exception of

5 trade secrets, at the office of the county board or governing

6 body of the municipality. Such documents may be copied upon

7 payment of the actual cost of reproduction during regular

8 business hours of the local office. The Agency shall issue a

9 written statement concurrent with its grant or denial of the

10 permit explaining the basis for its decision.

11  (e) The Agency may issue UIC permits exclusively under

12 this subsection to persons owning or operating a facility for

13 the underground injection of contaminants as defined under

14 this Act.

15  All UIC permits shall contain those terms and conditions,

16 including, but not limited to, schedules of compliance, which

17 may be required to accomplish the purposes and provisions of

18 this Act. The Agency may include among such conditions

19 standards and other requirements established under this Act,

20 Board regulations, the Safe Drinking Water Act (P.L. 93-523),

21 as amended, and regulations pursuant thereto, and may include

22 schedules for achieving compliance therewith. The Agency shall

23 require that a performance bond or other security be provided

24 as a condition for the issuance of a UIC permit.

25  The Agency shall adopt filing requirements and procedures

26 which are necessary and appropriate for the issuance of UIC
    SB3917 Enrolled       - 43 - LRB104 19364 BDA 32812 b

1 permits, and which are consistent with the Act or regulations

2 adopted by the Board, and with the Safe Drinking Water Act

3 (P.L. 93-523), as amended, and regulations pursuant thereto.

4   The applicant shall make available to the public for

5 inspection all documents submitted by the applicant to the

6 Agency in furtherance of an application, with the exception of

7 trade secrets, at the office of the county board or governing

8 body of the municipality. Such documents may be copied upon

9 payment of the actual cost of reproduction during regular

10 business hours of the local office. The Agency shall issue a

11 written statement concurrent with its grant or denial of the

12 permit explaining the basis for its decision.

13  (f) In making any determination pursuant to Section 9.1 of

14 this Act:

15  (1) The Agency shall have authority to make the

16  determination of any question required to be determined by

17  the Clean Air Act, as now or hereafter amended, this Act,

18  or the regulations of the Board, including the

19  determination of the Lowest Achievable Emission Rate,

20  Maximum Achievable Control Technology, or Best Available

21  Control Technology, consistent with the Board's

22  regulations, if any.

23  (2) The Agency shall adopt requirements as necessary

24  to implement public participation procedures, including,

25  but not limited to, public notice, comment, and an

26  opportunity for hearing, which must accompany the
    SB3917 Enrolled         - 44 - LRB104 19364 BDA 32812 b

1   processing of applications for PSD permits. The Agency

2   shall briefly describe and respond to all significant

3   comments on the draft permit raised during the public

4   comment period or during any hearing. The Agency may group

5   related comments together and provide one unified response

6   for each issue raised.

7   (3) Any complete permit application submitted to the

8   Agency under this subsection for a PSD permit shall be

9   granted or denied by the Agency not later than one year

10  after the filing of such completed application.

11  (4) The Agency shall, after conferring with the

12  applicant, give written notice to the applicant of its

13  proposed decision on the application, including the terms

14  and conditions of the permit to be issued and the facts,

15  conduct, or other basis upon which the Agency will rely to

16  support its proposed action.

17  (g) The Agency shall include as conditions upon all

18 permits issued for hazardous waste disposal sites such

19 restrictions upon the future use of such sites as are

20 reasonably necessary to protect public health and the

21 environment, including permanent prohibition of the use of

22 such sites for purposes which may create an unreasonable risk

23 of injury to human health or to the environment. After

24 administrative and judicial challenges to such restrictions

25 have been exhausted, the Agency shall file such restrictions

26 of record in the Office of the Recorder of the county in which
   SB3917 Enrolled  - 45 - LRB104 19364 BDA 32812 b

1 the hazardous waste disposal site is located.

2  (h) A hazardous waste stream may not be deposited in a

3 permitted hazardous waste site unless specific authorization

4 is obtained from the Agency by the generator and disposal site

5 owner and operator for the deposit of that specific hazardous

6 waste stream. The Agency may grant specific authorization for

7 disposal of hazardous waste streams only after the generator

8 has reasonably demonstrated that, considering technological

9 feasibility and economic reasonableness, the hazardous waste

10 cannot be reasonably recycled for reuse, nor incinerated or

11 chemically, physically, or biologically treated so as to

12 neutralize the hazardous waste and render it nonhazardous. In

13 granting authorization under this Section, the Agency may

14 impose such conditions as may be necessary to accomplish the

15 purposes of the Act and are consistent with this Act and

16 regulations promulgated by the Board hereunder. If the Agency

17 refuses to grant authorization under this Section, the

18 applicant may appeal as if the Agency refused to grant a

19 permit, pursuant to the provisions of subsection (a) of

20 Section 40 of this Act. For purposes of this subsection (h),

21 the term "generator" has the meaning given in Section 3.205 of

22 this Act, unless: (1) the hazardous waste is treated,

23 incinerated, or partially recycled for reuse prior to

24 disposal, in which case the last person who treats,

25 incinerates, or partially recycles the hazardous waste prior

26 to disposal is the generator; or (2) the hazardous waste is
    SB3917 Enrolled  - 46 - LRB104 19364 BDA 32812 b

1 from a response action, in which case the person performing

2 the response action is the generator. This subsection (h) does

3 not apply to any hazardous waste that is restricted from land

4 disposal under 35 Ill. Adm. Code 728.

5   (i) Before issuing any RCRA permit, any permit for a waste

6 storage site, sanitary landfill, waste disposal site, waste

7 transfer station, waste treatment facility, waste incinerator,

8 or any waste-transportation operation, any permit or interim

9 authorization for a clean construction or demolition debris

10 fill operation, or any permit required under subsection (d-5)

11 of Section 55, the Agency shall conduct an evaluation of the

12 prospective owner's or operator's prior experience in waste

13 management operations, clean construction or demolition debris

14 fill operations, and tire storage site management. The Agency

15 may deny such a permit, or deny or revoke interim

16 authorization, if the prospective owner or operator or any

17 employee or officer of the prospective owner or operator has a

18 history of:

19  (1) repeated violations of federal, State, or local

20  laws, regulations, standards, or ordinances in the

21  operation of waste management facilities or sites, clean

22  construction or demolition debris fill operation

23  facilities or sites, or tire storage sites; or

24  (2) conviction in this or another State of any crime

25  which is a felony under the laws of this State, or

26  conviction of a felony in a federal court; or conviction
    SB3917 Enrolled  - 47 - LRB104 19364 BDA 32812 b

1   in this or another state or federal court of any of the

2   following crimes: forgery, official misconduct, bribery,

3   perjury, or knowingly submitting false information under

4   any environmental law, regulation, or permit term or

5   condition; or

6   (3) proof of gross carelessness or incompetence in

7   handling, storing, processing, transporting, or disposing

8   of waste, clean construction or demolition debris, or used

9   or waste tires, or proof of gross carelessness or

10  incompetence in using clean construction or demolition

11  debris as fill.

12  (i-5) Before issuing any permit or approving any interim

13 authorization for a clean construction or demolition debris

14 fill operation in which any ownership interest is transferred

15 between January 1, 2005, and the effective date of the

16 prohibition set forth in Section 22.52 of this Act, the Agency

17 shall conduct an evaluation of the operation if any previous

18 activities at the site or facility may have caused or allowed

19 contamination of the site. It shall be the responsibility of

20 the owner or operator seeking the permit or interim

21 authorization to provide to the Agency all of the information

22 necessary for the Agency to conduct its evaluation. The Agency

23 may deny a permit or interim authorization if previous

24 activities at the site may have caused or allowed

25 contamination at the site, unless such contamination is

26 authorized under any permit issued by the Agency.
    SB3917 Enrolled          - 48 - LRB104 19364 BDA 32812 b

1   (j) The issuance under this Act of a permit to engage in

2 the surface mining of any resources other than fossil fuels

3 shall not relieve the permittee from its duty to comply with

4 any applicable local law regulating the commencement,

5 location, or operation of surface mining facilities.

6   (k) A development permit issued under subsection (a) of

7 Section 39 for any facility or site which is required to have a

8 permit under subsection (d) of Section 21 shall expire at the

9 end of 2 calendar years from the date upon which it was issued,

10 unless within that period the applicant has taken action to

11 develop the facility or the site. In the event that review of

12 the conditions of the development permit is sought pursuant to

13 Section 40 or 41, or permittee is prevented from commencing

14 development of the facility or site by any other litigation

15 beyond the permittee's control, such two-year period shall be

16 deemed to begin on the date upon which such review process or

17 litigation is concluded.

18  (l) No permit shall be issued by the Agency under this Act

19 for construction or operation of any facility or site located

20 within the boundaries of any setback zone established pursuant

21 to this Act, where such construction or operation is

22 prohibited.

23  (m) The Agency may issue permits to persons owning or

24 operating a facility for composting landscape waste. In

25 granting such permits, the Agency may impose such conditions

26 as may be necessary to accomplish the purposes of this Act, and
    SB3917 Enrolled           - 49 - LRB104 19364 BDA 32812 b

1 as are not inconsistent with applicable regulations

2 promulgated by the Board. Except as otherwise provided in this

3 Act, a bond or other security shall not be required as a

4 condition for the issuance of a permit. If the Agency denies

5 any permit pursuant to this subsection, the Agency shall

6 transmit to the applicant within the time limitations of this

7 subsection specific, detailed statements as to the reasons the

8 permit application was denied. Such statements shall include

9 but not be limited to the following:

10  (1) the Sections of this Act that may be violated if

11  the permit were granted;

12  (2) the specific regulations promulgated pursuant to

13  this Act that may be violated if the permit were granted;

14  (3) the specific information, if any, the Agency deems

15  the applicant did not provide in its application to the

16  Agency; and

17  (4) a statement of specific reasons why the Act and

18  the regulations might be violated if the permit were

19  granted.

20  If no final action is taken by the Agency within 90 days

21 after the filing of the application for permit, the applicant

22 may deem the permit issued. Any applicant for a permit may

23 waive the 90-day limitation by filing a written statement with

24 the Agency.

25  The Agency shall issue permits for such facilities upon

26 receipt of an application that includes a legal description of
    SB3917 Enrolled  - 50 - LRB104 19364 BDA 32812 b

1 the site, a topographic map of the site drawn to the scale of

2 200 feet to the inch or larger, a description of the operation,

3 including the area served, an estimate of the volume of

4 materials to be processed, and documentation that:

5   (1) the facility includes a setback of at least 200

6   feet from the nearest potable water supply well;

7   (2) the facility is located outside the boundary of

8   the 10-year floodplain or the site will be floodproofed;

9   (3) the facility is located so as to minimize

10  incompatibility with the character of the surrounding

11  area, including at least a 200 foot setback from any

12  residence, and in the case of a facility that is developed

13  or the permitted composting area of which is expanded

14  after November 17, 1991, the composting area is located at

15  least 1/8 mile from the nearest residence (other than a

16  residence located on the same property as the facility);

17  (4) the design of the facility will prevent any

18  compost material from being placed within 5 feet of the

19  water table, will adequately control runoff from the site,

20  and will collect and manage any leachate that is generated

21  on the site;

22  (5) the operation of the facility will include

23  appropriate dust and odor control measures, limitations on

24  operating hours, appropriate noise control measures for

25  shredding, chipping and similar equipment, management

26  procedures for composting, containment and disposal of
    SB3917 Enrolled     - 51 - LRB104 19364 BDA 32812 b

1   non-compostable wastes, procedures to be used for

2   terminating operations at the site, and recordkeeping

3   sufficient to document the amount of materials received,

4   composted, and otherwise disposed of; and

5   (6) the operation will be conducted in accordance with

6   any applicable rules adopted by the Board.

7   The Agency shall issue renewable permits of not longer

8 than 10 years in duration for the composting of landscape

9 wastes, as defined in Section 3.155 of this Act, based on the

10 above requirements.

11  The operator of any facility permitted under this

12 subsection (m) must submit a written annual statement to the

13 Agency on or before April 1 of each year that includes an

14 estimate of the amount of material, in tons, received for

15 composting.

16  (n) The Agency shall issue permits jointly with the

17 Department of Transportation for the dredging or deposit of

18 material in Lake Michigan in accordance with Section 18 of the

19 Rivers, Lakes, and Streams Act.

20  (o) (Blank).

21  (p) (1) Any person submitting an application for a permit

22 for a new MSWLF unit or for a lateral expansion under

23 subsection (t) of Section 21 of this Act for an existing MSWLF

24 unit that has not received and is not subject to local siting

25 approval under Section 39.2 of this Act shall publish notice

26 of the application in a newspaper of general circulation in
    SB3917 Enrolled  - 52 - LRB104 19364 BDA 32812 b

1 the county in which the MSWLF unit is or is proposed to be

2 located. The notice must be published at least 15 days before

3 submission of the permit application to the Agency. The notice

4 shall state the name and address of the applicant, the

5 location of the MSWLF unit or proposed MSWLF unit, the nature

6 and size of the MSWLF unit or proposed MSWLF unit, the nature

7 of the activity proposed, the probable life of the proposed

8 activity, the date the permit application will be submitted,

9 and a statement that persons may file written comments with

10 the Agency concerning the permit application within 30 days

11 after the filing of the permit application unless the time

12 period to submit comments is extended by the Agency.

13  When a permit applicant submits information to the Agency

14 to supplement a permit application being reviewed by the

15 Agency, the applicant shall not be required to reissue the

16 notice under this subsection.

17  (2) The Agency shall accept written comments concerning

18 the permit application that are postmarked no later than 30

19 days after the filing of the permit application, unless the

20 time period to accept comments is extended by the Agency.

21  (3) Each applicant for a permit described in part (1) of

22 this subsection shall file a copy of the permit application

23 with the county board or governing body of the municipality in

24 which the MSWLF unit is or is proposed to be located at the

25 same time the application is submitted to the Agency. The

26 permit application filed with the county board or governing
    SB3917 Enrolled              - 53 - LRB104 19364 BDA 32812 b

1 body of the municipality shall include all documents submitted

2 to or to be submitted to the Agency, except trade secrets as

3 determined under Section 7.1 of this Act. The permit

4 application and other documents on file with the county board

5 or governing body of the municipality shall be made available

6 for public inspection during regular business hours at the

7 office of the county board or the governing body of the

8 municipality and may be copied upon payment of the actual cost

9 of reproduction.

10  (q) Within 6 months after July 12, 2011 (the effective

11 date of Public Act 97-95), the Agency, in consultation with

12 the regulated community, shall develop a web portal to be

13 posted on its website for the purpose of enhancing review and

14 promoting timely issuance of permits required by this Act. At

15 a minimum, the Agency shall make the following information

16 available on the web portal:

17  (1) Checklists and guidance relating to the completion

18  of permit applications, developed pursuant to subsection

19  (s) of this Section, which may include, but are not

20  limited to, existing instructions for completing the

21  applications and examples of complete applications. As the

22  Agency develops new checklists and develops guidance, it

23  shall supplement the web portal with those materials.

24  (2) Within 2 years after July 12, 2011 (the effective

25  date of Public Act 97-95), permit application forms or

26  portions of permit applications that can be completed and
    SB3917 Enrolled  - 54 - LRB104 19364 BDA 32812 b

1   saved electronically, and submitted to the Agency

2   electronically with digital signatures.

3   (3) Within 2 years after July 12, 2011 (the effective

4   date of Public Act 97-95), an online tracking system where

5   an applicant may review the status of its pending

6   application, including the name and contact information of

7   the permit analyst assigned to the application. Until the

8   online tracking system has been developed, the Agency

9   shall post on its website semi-annual permitting

10  efficiency tracking reports that include statistics on the

11  timeframes for Agency action on the following types of

12  permits received after July 12, 2011 (the effective date

13  of Public Act 97-95): air construction permits, new NPDES

14  permits and associated water construction permits, and

15  modifications of major NPDES permits and associated water

16  construction permits. The reports must be posted by

17  February 1 and August 1 each year and shall include:

18  (A) the number of applications received for each

19  type of permit, the number of applications on which

20  the Agency has taken action, and the number of

21  applications still pending; and

22  (B) for those applications where the Agency has

23  not taken action in accordance with the timeframes set

24  forth in this Act, the date the application was

25  received and the reasons for any delays, which may

26  include, but shall not be limited to, (i) the
    SB3917 Enrolled       - 55 - LRB104 19364 BDA 32812 b

1   application being inadequate or incomplete, (ii)

2   scientific or technical disagreements with the

3   applicant, USEPA, or other local, state, or federal

4   agencies involved in the permitting approval process,

5   (iii) public opposition to the permit, or (iv) Agency

6   staffing shortages. To the extent practicable, the

7   tracking report shall provide approximate dates when

8   cause for delay was identified by the Agency, when the

9   Agency informed the applicant of the problem leading

10  to the delay, and when the applicant remedied the

11  reason for the delay.

12  (r) Upon the request of the applicant, the Agency shall

13 notify the applicant of the permit analyst assigned to the

14 application upon its receipt.

15  (s) The Agency is authorized to prepare and distribute

16 guidance documents relating to its administration of this

17 Section and procedural rules implementing this Section.

18 Guidance documents prepared under this subsection shall not be

19 considered rules and shall not be subject to the Illinois

20 Administrative Procedure Act. Such guidance shall not be

21 binding on any party.

22  (t) Except as otherwise prohibited by federal law or

23 regulation, any person submitting an application for a permit

24 may include with the application suggested permit language for

25 Agency consideration. The Agency is not obligated to use the

26 suggested language or any portion thereof in its permitting
    SB3917 Enrolled       - 56 - LRB104 19364 BDA 32812 b

1 decision. If requested by the permit applicant, the Agency

2 shall meet with the applicant to discuss the suggested

3 language.

4   (u) If requested by the permit applicant, the Agency shall

5 provide the permit applicant with a copy of the draft permit

6 prior to any public review period.

7   (v) If requested by the permit applicant, the Agency shall

8 provide the permit applicant with a copy of the final permit

9 prior to its issuance.

10  (w) An air pollution permit shall not be required due to

11 emissions of greenhouse gases, as specified by Section 9.15 of

12 this Act.

13  (x) If, before the expiration of a State operating permit

14 that is issued pursuant to subsection (a) of this Section and

15 contains federally enforceable conditions limiting the

16 potential to emit of the source to a level below the major

17 source threshold for that source so as to exclude the source

18 from the Clean Air Act Permit Program, the Agency receives a

19 complete application for the renewal of that permit, then all

20 of the terms and conditions of the permit shall remain in

21 effect until final administrative action has been taken on the

22 application for the renewal of the permit.

23  (y) The Agency may issue permits exclusively under this

24 subsection to persons owning or operating a CCR surface

25 impoundment subject to Section 22.59.

26  (z) If a mass animal mortality event is declared by the
    SB3917 Enrolled       - 57 - LRB104 19364 BDA 32812 b

1 Department of Agriculture in accordance with the Animal

2 Mortality Act:

3   (1) the owner or operator responsible for the disposal

4   of dead animals is exempted from the following:

5   (i) obtaining a permit for the construction,

6   installation, or operation of any type of facility or

7   equipment issued in accordance with subsection (a) of

8   this Section;

9   (ii) obtaining a permit for open burning in

10  accordance with the rules adopted by the Board; and

11  (iii) registering the disposal of dead animals as

12  an eligible small source with the Agency in accordance

13  with Section 9.14 of this Act;

14  (2) as applicable, the owner or operator responsible

15  for the disposal of dead animals is required to obtain the

16  following permits:

17  (i) an NPDES permit in accordance with subsection

18  (b) of this Section;

19  (ii) a PSD permit or an NA NSR permit in accordance

20  with Section 9.1 of this Act;

21  (iii) a lifetime State operating permit or a

22  federally enforceable State operating permit, in

23  accordance with subsection (a) of this Section; or

24  (iv) a CAAPP permit, in accordance with Section

25  39.5 of this Act.

26  All CCR surface impoundment permits shall contain those
    SB3917 Enrolled  - 58 - LRB104 19364 BDA 32812 b

1 terms and conditions, including, but not limited to, schedules

2 of compliance, which may be required to accomplish the

3 purposes and provisions of this Act, Board regulations, the

4 Illinois Groundwater Protection Act and regulations pursuant

5 thereto, and the Resource Conservation and Recovery Act and

6 regulations pursuant thereto, and may include schedules for

7 achieving compliance therewith as soon as possible.

8   The Board shall adopt filing requirements and procedures

9 that are necessary and appropriate for the issuance of CCR

10 surface impoundment permits and that are consistent with this

11 Act or regulations adopted by the Board, and with the RCRA, as

12 amended, and regulations pursuant thereto.

13  The applicant shall make available to the public for

14 inspection all documents submitted by the applicant to the

15 Agency in furtherance of an application, with the exception of

16 trade secrets, on its public internet website as well as at the

17 office of the county board or governing body of the

18 municipality where CCR from the CCR surface impoundment will

19 be permanently disposed. Such documents may be copied upon

20 payment of the actual cost of reproduction during regular

21 business hours of the local office.

22  The Agency shall issue a written statement concurrent with

23 its grant or denial of the permit explaining the basis for its

24 decision.

25 (Source: P.A. 104-458, eff. 6-1-26.)
    SB3917 Enrolled             - 59 - LRB104 19364 BDA 32812 b

1   (415 ILCS 5/39.16 new)

2   Sec. 39.16. Requirement to sample sludges and biosolids

3 for perfluoroalkyl and polyfluoroalkyl substances.

4   (a) The purpose of this Section is to provide for the

5 sampling for perfluoroalkyl and polyfluoroalkyl substances of

6 any sludge or biosolid that is land applied pursuant to a

7 permit issued by the Agency.

8   (b) The Agency shall not issue any permit required under

9 subsection (b) of Section 12 for the land application of a

10 sludge or biosolid unless the application includes sample

11 results for the sludge or biosolid for all perfluoroalkyl and

12 polyfluoroalkyl substances for which there are accredited

13 wastewater analytical methods.

14  (c) Any permit required under subsection (b) of Section 12

15 issued by the Agency for the land application of a sludge or

16 biosolid shall require, at a minimum, periodic sampling of the

17 sludge or biosolid for all perfluoroalkyl and polyfluoroalkyl

18 substances for which there are accredited wastewater

19 analytical methods.

20  Section 95. No acceleration or delay. Where this Act makes

21 changes in a statute that is represented in this Act by text

22 that is not yet or no longer in effect (for example, a Section

23 represented by multiple versions), the use of that text does

24 not accelerate or delay the taking effect of (i) the changes

25 made by this Act or (ii) provisions derived from any other
         SB3917 Enrolled  - 60 - LRB104 19364 BDA 32812 b
1 Public Act.
Every fact on this page links to its source, starting with the official bill record.