(415 ILCS 5/Tit. X heading)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of facility,
equipment, vehicle, vessel, or aircraft, the applicant shall apply to
the Agency for such permit and it shall be the duty of the Agency to
issue such a permit upon proof by the applicant that the facility,
equipment, vehicle, vessel, or aircraft will not cause a violation of
this Act or of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this Section.
In making its determinations on permit applications under this Section the Agency may consider prior adjudications of
noncompliance with this Act by the applicant that involved a release of a
contaminant into the environment. In granting permits, the Agency
may impose reasonable conditions specifically related to the applicant's past
compliance history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other conditions
as may be necessary to accomplish the purposes of this Act, and as are not
inconsistent with the regulations promulgated by the Board hereunder. Except as
otherwise provided in this Act, a bond or other security shall not be required
as a condition for the issuance of a permit. If the Agency denies any permit
under this Section, the Agency shall transmit to the applicant within the time
limitations of this Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include, but not be
limited to, the following:
If there is no final action by the Agency within 90 days after the
filing of the application for permit, the applicant may deem the permit
issued; except that this time period shall be extended to 180 days when
(1) notice and opportunity for public hearing are required by State or
federal law or regulation, (2) the application which was filed is for
any permit to develop a landfill subject to issuance pursuant to this
subsection, or (3) the application that was filed is for a MSWLF unit
required to issue public notice under subsection (p) of Section 39. The
90-day and 180-day time periods for the Agency to take final action do not
apply to NPDES permit applications under subsection (b) of this Section,
to RCRA permit applications under subsection (d) of this Section,
to UIC permit applications under subsection (e) of this Section, or to CCR surface impoundment applications under subsection (y) of this Section.
The Agency shall publish notice of all final permit determinations for
development permits for MSWLF units and for significant permit modifications
for lateral expansions for existing MSWLF units one time in a newspaper of
general circulation in the county in which the unit is or is proposed to be
located.
After January 1, 1994 and until July 1, 1998, operating permits issued under
this Section by the
Agency for sources of air pollution permitted to emit less than 25 tons
per year of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only upon written
request by the Agency consistent with applicable provisions of this Act and
regulations promulgated hereunder. Such operating permits shall expire
180 days after the date of such a request. The Board shall revise its
regulations for the existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this Section by the
Agency for sources of air pollution that are not subject to Section 39.5 of
this Act and are not required to have a federally enforceable State operating
permit shall be required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its rules. Such
operating permits shall expire 180 days after the date of such a request.
Before July 1, 1998, the Board shall revise its rules for the existing State
air pollution operating permit program consistent with this paragraph and shall
adopt rules that require a source to demonstrate that it qualifies for a permit
under this paragraph.
(b) The Agency may issue NPDES permits exclusively under this
subsection for the discharge of contaminants from point sources into
navigable waters, all as defined in the Federal Water Pollution Control
Act, as now or hereafter amended, within the jurisdiction of the
State, or into any well.
All NPDES permits shall contain those terms and conditions, including,
but not limited to, schedules of compliance, which may be required to
accomplish the purposes and provisions of this Act.
The Agency may issue general NPDES permits for discharges from categories
of point sources which are subject to the same permit limitations and
conditions. Such general permits may be issued without individual
applications and shall conform to regulations promulgated under Section 402
of the Federal Water Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent limitations
and other requirements established under this Act, Board regulations,
the Federal Water Pollution Control Act, as now or hereafter amended, and
regulations pursuant thereto, and schedules for achieving compliance
therewith at the earliest reasonable date.
The Agency shall adopt filing requirements and procedures which are
necessary and appropriate for the issuance of NPDES permits, and which
are consistent with the Act or regulations adopted by the Board, and
with the Federal Water Pollution Control Act, as now or hereafter
amended, and regulations pursuant thereto.
The Agency, subject to any conditions which may be prescribed by
Board regulations, may issue NPDES permits to allow discharges beyond
deadlines established by this Act or by regulations of the Board without
the requirement of a variance, subject to the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act, no
permit for the development or construction of a new pollution control
facility may be granted by the Agency unless the applicant submits proof to the
Agency that the location of the facility has been approved by the county board
of the county if in an unincorporated area, or the governing body of the
municipality when in an incorporated area, in which the facility is to be
located in accordance with Section 39.2 of this Act. For purposes of this subsection (c), and for purposes of Section 39.2 of this Act, the appropriate county board or governing body of the municipality shall be the county board of the county or the governing body of the municipality in which the facility is to be located as of the date when the application for siting approval is filed.
In the event that siting approval granted pursuant to Section 39.2 has
been transferred to a subsequent owner or operator, that subsequent owner or
operator may apply to the Agency for, and the Agency may grant, a development
or construction permit for the facility for which local siting approval was
granted. Upon application to the Agency for a development or
construction permit by that subsequent owner or operator,
the permit applicant shall cause written notice of the permit application
to be served upon the appropriate county board or governing body of the
municipality that granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was granted. In
that event, the Agency shall conduct an evaluation of the subsequent owner or
operator's prior experience in waste management operations in the manner
conducted under subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control facility consists of a
hazardous or solid waste disposal facility for which the proposed site is
located in an unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that was, on April 1,
1993, adjacent to a municipality having a population of less than 5,000, then
the local siting review required under this subsection (c) in conjunction with
any permit applied for after that date shall be performed by the governing body
of that adjacent municipality rather than the county board of the county in
which the proposed site is located; and for the purposes of that local siting
review, any references in this Act to the county board shall be deemed to mean
the governing body of that adjacent municipality; provided, however, that the
provisions of this paragraph shall not apply to any proposed site which was, on
April 1, 1993, owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an operating
permit has not been issued by the Agency prior to August 31, 1989 for
any portion of the facility, then the Agency may not issue or renew any
development permit nor issue an original operating permit for any portion of
such facility unless the applicant has submitted proof to the Agency that the
location of the facility has been approved by the appropriate county board or
municipal governing body pursuant to Section 39.2 of this Act.
After January 1, 1994, if a solid waste
disposal facility, any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more consecutive calendar
years, before that facility may accept any new or additional waste for
disposal, the owner and operator must obtain a new operating permit under this
Act for that facility unless the owner and operator have applied to the Agency
for a permit authorizing the temporary suspension of waste acceptance. The
Agency may not issue a new operation permit under this Act for the facility
unless the applicant has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate county board or
municipal governing body under Section 39.2 of this Act after the facility
ceased accepting waste.
Except for those facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act, and
except for new pollution control facilities governed by Section 39.2,
and except for fossil fuel mining facilities, the granting of a permit under
this Act shall not relieve the applicant from meeting and securing all
necessary zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment plant or sludge
drying site to be owned or operated by a sanitary district organized under
the Metropolitan Water Reclamation District Act for which a new
permit (rather than the renewal or amendment of an existing permit) is
required, such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be located, or within the
nearest community if the proposed facility is to be located within an
unincorporated area, at which information concerning the proposed facility
shall be made available to the public, and members of the public shall be given
the opportunity to express their views concerning the proposed facility.
The Agency may issue a permit for a municipal waste transfer station
without requiring approval pursuant to Section 39.2 provided that the following
demonstration is made:
(d) The Agency may issue RCRA permits exclusively under this
subsection to persons owning or operating a facility for the treatment,
storage, or disposal of hazardous waste as defined under this Act. Subsection (y) of this Section, rather than this subsection (d), shall apply to permits issued for CCR surface impoundments.
All RCRA permits shall contain those terms and conditions, including, but
not limited to, schedules of compliance, which may be required to accomplish
the purposes and provisions of this Act. The Agency may include among such
conditions standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act of 1976 (P.L.
94-580), as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith as soon as possible. The
Agency shall require that a performance bond or other security be provided
as a condition for the issuance of a RCRA permit.
In the case of a permit to operate a hazardous waste or PCB incinerator
as defined in subsection (k) of Section 44, the Agency shall require, as a
condition of the permit, that the operator of the facility perform such
analyses of the waste to be incinerated as may be necessary and appropriate
to ensure the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures which
are necessary and appropriate for the issuance of RCRA permits, and which
are consistent with the Act or regulations adopted by the Board, and with
the Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for inspection all
documents submitted by the applicant to the Agency in furtherance
of an application, with the exception of trade secrets, at the office of
the county board or governing body of the municipality. Such documents
may be copied upon payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a written statement
concurrent with its grant or denial of the permit explaining the basis for its
decision.
(e) The Agency may issue UIC permits exclusively under this
subsection to persons owning or operating a facility for the underground
injection of contaminants as defined under this Act.
All UIC permits shall contain those terms and conditions, including, but
not limited to, schedules of compliance, which may be required to accomplish
the purposes and provisions of this Act. The Agency may include among such
conditions standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523), as amended,
and regulations pursuant thereto, and may include schedules for achieving
compliance therewith. The Agency shall require that a performance bond or
other security be provided as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures which
are necessary and appropriate for the issuance of UIC permits, and which
are consistent with the Act or regulations adopted by the Board, and with
the Safe Drinking Water Act (P.L. 93-523), as amended, and regulations
pursuant thereto.
The applicant shall make available to the public for inspection all
documents submitted by the applicant to the Agency in furtherance of an
application, with the exception of trade secrets, at the office of the county
board or governing body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular business hours of the
local office. The Agency shall issue a written statement concurrent with its
grant or denial of the permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of this Act:
(g) The Agency shall include as conditions upon all permits issued for
hazardous waste disposal sites such restrictions upon the future use
of such sites as are reasonably necessary to protect public health and
the environment, including permanent prohibition of the use of such
sites for purposes which may create an unreasonable risk of injury to human
health or to the environment. After administrative and judicial challenges
to such restrictions have been exhausted, the Agency shall file such
restrictions of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a permitted hazardous
waste site unless specific authorization is obtained from the Agency by the
generator and disposal site owner and operator for the deposit of that specific
hazardous waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator has reasonably
demonstrated that, considering
technological feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or chemically,
physically, or biologically treated so as to neutralize the hazardous waste
and render it nonhazardous. In granting authorization under this Section,
the Agency may impose such conditions as may be necessary to accomplish
the purposes of the Act and are consistent with this Act and regulations
promulgated by the Board hereunder. If the Agency refuses to grant
authorization under this Section, the applicant may appeal as if the Agency
refused to grant a permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h), the term
"generator" has the meaning given in Section 3.205 of this Act,
unless: (1) the hazardous waste is treated, incinerated, or partially recycled
for reuse prior to disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior to disposal is the
generator; or (2) the hazardous waste is from a response action, in which case
the person performing the response action is the generator. This subsection
(h) does not apply to any hazardous waste that is restricted from land disposal
under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste storage site,
sanitary landfill, waste disposal site, waste transfer station, waste treatment
facility, waste incinerator, or any waste-transportation operation, any permit or interim authorization for a clean construction or demolition debris fill operation, or any permit required under subsection (d-5) of Section 55, the Agency
shall conduct an evaluation of the prospective owner's or operator's prior
experience in waste management operations, clean construction or demolition debris fill operations, and tire storage site management. The Agency may deny such a permit, or deny or revoke interim authorization,
if the prospective owner or operator or any employee or officer of the
prospective owner or operator has a history of:
(i-5) Before issuing any permit or approving any interim authorization for a clean construction or demolition debris fill operation in which any ownership interest is transferred between January 1, 2005, and the effective date of the prohibition set forth in Section 22.52 of this Act, the Agency shall conduct an evaluation of the operation if any previous activities at the site or facility may have caused or allowed contamination of the site. It shall be the responsibility of the owner or operator seeking the permit or interim authorization to provide to the Agency all of the information necessary for the Agency to conduct its evaluation. The Agency may deny a permit or interim authorization if previous activities at the site may have caused or allowed contamination at the site, unless such contamination is authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in the surface mining
of any resources other than fossil fuels shall not relieve
the permittee from its duty to comply with any applicable local law regulating
the commencement, location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of Section 39 for any
facility or site which is required to have a permit under subsection (d) of
Section 21 shall expire at the end of 2 calendar years from the date upon which
it was issued, unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of the
conditions of the development permit is sought pursuant to Section 40 or
41, or permittee is prevented from commencing development of the facility
or site by any other litigation beyond the permittee's control, such
two-year period shall be deemed to begin on the date upon which such review
process or litigation is concluded.
(l) No permit shall be issued by the Agency under this Act for
construction or operation of any facility or site located within the
boundaries of any setback zone established pursuant to this Act, where such
construction or operation is prohibited.
(m) The Agency may issue permits to persons owning or operating
a facility for composting landscape waste. In granting such permits, the Agency
may impose such conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with applicable regulations promulgated
by the Board. Except as otherwise provided in this Act, a bond or other
security shall not be required as a condition for the issuance of a permit. If
the Agency denies any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this subsection
specific, detailed statements as to the reasons the permit application was
denied. Such statements shall include but not be limited to the following:
If no final action is taken by the Agency within 90 days after the filing
of the application for permit, the applicant may deem the permit issued.
Any applicant for a permit may waive the 90-day limitation by filing a
written statement with the Agency.
The Agency shall issue permits for such facilities upon receipt of an
application that includes a legal description of the site, a topographic
map of the site drawn to the scale of 200 feet to the inch or larger, a
description of the operation, including the area served, an estimate of
the volume of materials to be processed, and documentation that:
The Agency shall issue renewable permits of not longer than 10 years
in duration for the composting of landscape wastes, as defined in Section
3.155 of this Act, based on the above requirements.
The operator of any facility permitted under this subsection (m) must
submit a written annual statement to the Agency on or before April 1 of
each year that includes an estimate of the amount of material, in tons,
received for composting.
(n) The Agency shall issue permits jointly with the Department of
Transportation for the dredging or deposit of material in Lake Michigan in
accordance with Section 18 of the Rivers, Lakes, and Streams Act.
(o) (Blank).
(p) (1) Any person submitting an application for a permit for a new MSWLF
unit or for a lateral expansion under subsection (t) of Section 21 of this Act
for an existing MSWLF unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall publish notice of the
application in a newspaper of general circulation in the county in which the
MSWLF unit is or is proposed to be located. The notice must be published at
least 15 days before submission of the permit application to the Agency. The
notice shall state the name and address of the applicant, the location of the
MSWLF unit or proposed MSWLF unit, the nature and size of the MSWLF unit or
proposed MSWLF unit, the nature of the activity proposed, the probable life of
the proposed activity, the date the permit application will be submitted, and a
statement that persons may file written comments with the Agency concerning the
permit application within 30 days after the filing of the permit application
unless the time period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency to supplement a
permit application being reviewed by the Agency, the applicant shall not be
required to reissue the notice under this subsection.
(2) The Agency shall accept written comments concerning the permit
application that are postmarked no later than 30 days after the
filing of the permit application, unless the time period to accept comments is
extended by the Agency.
(3) Each applicant for a permit described in part (1) of this subsection
shall file a
copy of the permit application with the county board or governing body of the
municipality in which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The permit application
filed with the county board or governing body of the municipality shall include
all documents submitted to or to be submitted to the Agency, except trade
secrets as determined under Section 7.1 of this Act. The permit application
and other documents on file with the county board or governing body of the
municipality shall be made available for public inspection during regular
business hours at the office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost of
reproduction.
(q) Within 6 months after July 12, 2011 (the effective date of Public Act 97-95), the Agency, in consultation with the regulated community, shall develop a web portal to be posted on its website for the purpose of enhancing review and promoting timely issuance of permits required by this Act. At a minimum, the Agency shall make the following information available on the web portal:
(r) Upon the request of the applicant, the Agency shall notify the applicant of the permit analyst assigned to the application upon its receipt.
(s) The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section and procedural rules implementing this Section. Guidance documents prepared under this subsection shall not be considered rules and shall not be subject to the Illinois Administrative Procedure Act. Such guidance shall not be binding on any party.
(t) Except as otherwise prohibited by federal law or regulation, any person submitting an application for a permit may include with the application suggested permit language for Agency consideration. The Agency is not obligated to use the suggested language or any portion thereof in its permitting decision. If requested by the permit applicant, the Agency shall meet with the applicant to discuss the suggested language.
(u) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the draft permit prior to any public review period.
(v) If requested by the permit applicant, the Agency shall provide the permit applicant with a copy of the final permit prior to its issuance.
(w) An air pollution permit shall not be required due to emissions of greenhouse gases, as specified by Section 9.15 of this Act.
(x) If, before the expiration of a State operating permit that is issued pursuant to subsection (a) of this Section and contains federally enforceable conditions limiting the potential to emit of the source to a level below the major source threshold for that source so as to exclude the source from the Clean Air Act Permit Program, the Agency receives a complete application for the renewal of that permit, then all of the terms and conditions of the permit shall remain in effect until final administrative action has been taken on the application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this subsection to persons owning or operating a CCR surface impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the Department of Agriculture in accordance with the Animal Mortality Act:
All CCR surface impoundment permits shall contain those terms and conditions, including, but not limited to, schedules of compliance, which may be required to accomplish the purposes and provisions of this Act, Board regulations, the Illinois Groundwater Protection Act and regulations pursuant thereto, and the Resource Conservation and Recovery Act and regulations pursuant thereto, and may include schedules for achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures that are necessary and appropriate for the issuance of CCR surface impoundment permits and that are consistent with this Act or regulations adopted by the Board, and with the RCRA, as amended, and regulations pursuant thereto.
The applicant shall make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, on its public internet website as well as at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Such documents may be copied upon payment of the actual cost of reproduction during regular business hours of the local office.
The Agency shall issue a written statement concurrent with its grant or denial of the permit explaining the basis for its decision.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(415 ILCS 5/39.1) (from Ch. 111 1/2, par. 1039.1)
Sec. 39.1.
(a) In addition to such other procedures as may be available,
owners or operators of emission sources individually or collectively, may
apply for and obtain from the Agency permits under this Section authorizing
the construction and operation, or both, of a source or sources by use of
emission control strategies alternative but environmentally equivalent to
emission limitations required of such sources by Board regulations or by
the terms of this Act.
The Agency shall issue such a permit or permits upon a finding that: 1)
the alternative control strategy in the permit provides for attainment in
the aggregate, with respect to each regulated contaminant, of equivalent
or less total emissions than would otherwise be required by Board regulations
for the sources subject to such permit; and 2) that air quality will otherwise
be maintained consistent with Board regulations.
(b) The Agency shall receive and process applications pursuant to subsection
(a) of Section 39. The Agency may impose such permit conditions as are
necessary and reasonable to assure enforceability of the permit and continuing
compliance of the subject sources in the event of a change in
ownership or operation of the subject sources.
(c) At least 30 days prior to the issuance of such a permit, the Agency
shall give notice of the receipt of the permit application and the Agency's
proposed decision in a newspaper of general circulation in the county or
counties where any source to be covered by such permit is located and shall
make all documents in its record available for public inspection in accordance
with and to the extent provided by Sections 7 and 7.1. The Agency shall
give such further notice and opportunity for public comment, if any, as
is required by the Clean Air Act, for the specific permit application.
(d) The Agency shall, after conferring with the applicant, give detailed
written notice to the applicant of the Agency's proposed decision on the
application, including the terms and conditions of the permit to be issued
and the facts, legal citation, conduct or other basis upon which the Agency
will rely to support its proposed action. Following such notice, the Agency
shall give the applicant a reasonable opportunity for a hearing in accordance
with procedures adopted by the Agency.
(e) The Agency shall act promptly upon permit applications pursuant to
this Section. If the Agency fails to take final action within 180 days
of receipt of a complete application, or if the application was amended,
within 180 days of receipt of the last amended application, the applicant may
deem the application approved as applied for or, if amended, as last amended.
(f) At the request of the applicant, permits approved pursuant to this
Section shall be submitted by the Agency to the U.S. Environmental Protection
Agency as revisions to the State Implementation Plan required by Section
110 of the Clean Air Act if and when necessary to comply with the Clean
Air Act. The permit applicant shall be responsible for providing any
information required by the U.S. Environmental Protection Agency to justify
federal approval of a State Implementation Plan, except the Agency shall be
responsible for provision of information acquired during its review and for
provision of any record of the public hearing when applicable.
(g) Disapproval of a permit or approval thereof with conditions shall
be subject to review by the Board pursuant to subsection (a) of Section
40, upon timely petition of the applicant.
(h) Except as expressly required by Section 9.3 (c), economic impact
analysis, including the study of economic impact provided for in Section
27, shall not be required with respect to action under this Section, nor
shall any source issued a permit hereunder be subject to the emission
limitations of Board regulations, other than the limitations contained in
the permit issued for such source hereunder.
(Source: P.A. 82-540.)
(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
Sec. 39.2. Local siting review.
(a) The county board of the county or the governing body of the
municipality, as determined by paragraph (c) of Section 39 of this Act, shall
approve or disapprove the request for local siting approval for each pollution
control facility which is subject to such review. An applicant for local
siting approval shall submit sufficient details describing the proposed
facility and evidence to demonstrate compliance, and local siting approval shall be granted
only if the proposed facility meets the following criteria:
The county board or the governing body of the municipality may also
consider as evidence the previous operating experience and past record of
convictions or admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management when
considering criteria (ii) and (v) under this Section.
If the facility is subject to the location restrictions in Section 22.14 of this Act, compliance with that Section shall be determined as of the date the application for siting approval is filed.
(b) No later than 14 days before the date on which the county board or
governing body of the municipality receives a request for
site approval, the applicant shall cause written notice
of such request to be served either in person or by registered mail, return
receipt requested, on the owners of all property within the subject area not
solely owned by the applicant, and on the owners of all property within 250
feet in each direction of the lot line of the subject property, said owners
being such persons or entities which appear from the authentic tax records of
the County in which such facility is to be located; provided, that the number
of all feet occupied by all public roads, streets, alleys and other public ways
shall be excluded in computing the 250 feet requirement; provided further, that
in no event shall this requirement exceed 400 feet, including public streets,
alleys and other public ways.
Such written notice shall also be served upon members of the General Assembly
from the legislative district in which the proposed facility is located
and shall be published in a newspaper of general circulation published in
the county in which the site is located.
Such notice shall state the name and address of the applicant, the location
of the proposed site, the nature and size of the development, the nature of the
activity proposed, the probable life of the proposed activity, the date when
the request for site approval will be submitted, and a description of the right
of persons to comment on such request as hereafter provided.
(c) An applicant shall file a copy of its request with the county board
of the county or the governing body of the municipality in which the proposed
site is located. The request shall include (i) the substance of the
applicant's proposal and (ii) all documents, if any, submitted as of that date
to the Agency pertaining to the proposed facility, except trade secrets as
determined under Section 7.1 of this Act. All such documents or other
materials on file with the county board or governing body of the municipality
shall be made available for public inspection at the office of the county board
or the governing body of the municipality and may be copied upon payment of the
actual cost of reproduction.
Any person may file written comment with the county board or governing
body of the municipality concerning the appropriateness of the proposed
site for its intended purpose. The county board or governing body of the
municipality shall consider any comment received or postmarked not later
than 30 days after the date of the last public hearing.
(d) At least one public hearing, at which an applicant shall present at least one witness to testify subject to cross-examination, is to be held by the county board or
governing body of the municipality no sooner than 90 days but no later than
120 days after the date on which it received the
request for site approval. No later than 14 days prior to such hearing,
notice shall be published in a newspaper of general circulation published in
the county of the proposed site, and delivered by certified mail to all members
of the General Assembly from the district in which the proposed site is
located, to the governing authority of every municipality contiguous to the
proposed site or contiguous to the municipality in which the proposed site is
to be located, to the county board of the county where the proposed site is to
be located, if the proposed site is located within the boundaries of a
municipality, and to the Agency. Members or representatives of the governing
authority of a municipality contiguous to the proposed site or contiguous to
the municipality in which the proposed site is to be located and, if the
proposed site is located in a municipality, members or representatives of the
county board of a county in which the proposed site is to be located may appear
at and participate in public hearings held pursuant to this Section. The
public hearing shall develop a record sufficient to form the basis of appeal
of the decision in accordance with Section 40.1 of this Act. The fact that a
member of the county board or governing body of the municipality has publicly
expressed an opinion on an issue related to a site review proceeding shall not
preclude the member from taking part in the proceeding and voting on the issue.
(e) Decisions of the county board or governing body of the municipality
are to be in writing, confirming a public hearing was held with testimony from at least one witness presented by the applicant, specifying the reasons for the decision, such reasons
to be in conformance with subsection (a) of this Section. In granting approval
for a site the county board or governing body of the municipality may impose
such conditions as may be reasonable and necessary to accomplish the purposes
of this Section and as are not inconsistent with regulations promulgated
by the Board. Such decision shall be available for public inspection at
the office of the county board or governing body of the municipality and
may be copied upon payment of the actual cost of reproduction. If there is
no final action by the county board or governing body of the municipality
within 180 days after the date on which it received the
request for site approval, the applicant may deem the request approved.
At the public hearing, at any time prior to completion by the applicant of the presentation of
the applicant's factual evidence, testimony, and an opportunity for cross-examination
by the county board or governing body of the municipality and any participants,
the applicant may file not more than one amended application upon payment
of additional fees pursuant to subsection (k); in which case the time
limitation for final action set forth in this subsection (e) shall
be extended for an additional period of 90 days.
If, prior to making a final local siting decision, a county board or
governing body of a municipality has negotiated and entered into a host
agreement with the local siting applicant, the terms and conditions of
the host agreement, whether written or oral, shall be disclosed and made
a part of the hearing record for that local siting proceeding.
In the case of an oral agreement, the disclosure shall be made in the form
of a written summary jointly prepared and submitted by the county board or
governing body of the municipality and the siting applicant and shall describe
the terms and conditions of the oral agreement.
(e-5) Siting approval obtained pursuant to this Section is transferable
and may be transferred to a subsequent owner or operator. In the event that
siting approval has been transferred to a subsequent owner or operator, that
subsequent owner or operator assumes and takes subject to any and all
conditions imposed upon the prior owner or operator by the county board of
the county or governing body of the municipality pursuant to subsection (e).
However, any such conditions imposed pursuant to this Section may be modified
by agreement between the subsequent owner or operator and the appropriate
county board or governing body. Further, in the event that siting approval
obtained pursuant to this Section has been transferred to a subsequent owner or
operator, that subsequent owner or operator assumes all rights and obligations
and takes the facility subject to any and all terms and conditions of any
existing host agreement between the prior owner or operator and the appropriate
county board or governing body.
(f) A local siting approval granted under this Section shall expire at
the end of 2 calendar years from the date upon which it was granted, unless
the local siting approval granted under this Section is for a sanitary landfill
operation, in which case the approval shall expire at the end of 3 calendar
years from the date upon which it was granted, and unless within that period
the applicant has made application to the Agency for a
permit to develop the site. In the event that the local siting decision has
been appealed, such expiration period shall be deemed to begin on the date
upon which the appeal process is concluded.
Except as otherwise provided in this subsection, upon the expiration
of a development permit under subsection (k) of Section 39, any associated
local siting approval granted for the facility under this Section shall also
expire.
If a first development permit for a municipal waste incineration
facility expires under subsection (k) of Section 39 after September 30,
1989 due to circumstances beyond the control of the applicant, any
associated local siting approval granted for the facility under this
Section may be used to fulfill the local siting approval requirement upon
application for a second development permit for the same site, provided
that the proposal in the new application is materially the same, with respect
to the criteria in subsection (a) of this Section, as the proposal that
received the original siting approval, and application for the second
development permit is made before January 1, 1990.
(g) The siting approval procedures, criteria and appeal procedures
provided for in this Act for new pollution control facilities
shall be the exclusive siting procedures and rules and appeal procedures
for facilities subject to such procedures. Local zoning or other local land
use requirements shall not be applicable to such siting decisions.
(h) Nothing in this Section shall apply to any existing or new
pollution control facility located within the corporate limits of
a municipality with a population of over 1,000,000.
(i) (Blank.)
The Board shall adopt regulations establishing the geologic and
hydrologic siting criteria necessary to protect usable groundwater
resources which are to be followed by the Agency in its review of permit
applications for new pollution control facilities. Such
regulations, insofar as they apply to new pollution control
facilities authorized to store, treat or dispose of any hazardous waste,
shall be at least as stringent as the requirements of the Resource
Conservation and Recovery Act and any State or federal regulations adopted
pursuant thereto.
(j) Any new pollution control facility which has never obtained local
siting approval under the provisions of this Section shall be required to
obtain such approval after a final decision on an appeal of a permit denial.
(k) A county board or governing body of a municipality may charge
applicants for siting review under this Section a reasonable fee to cover
the reasonable and necessary costs incurred by such county or municipality
in the siting review process.
(l) The governing Authority as determined by subsection (c) of Section
39 of this Act may request the Department of Transportation to perform
traffic impact studies of proposed or potential locations for required
pollution control facilities.
(m) An applicant may not file a request for local siting approval which is
substantially the same as a request which was disapproved pursuant to a
finding against the applicant under any of criteria (i) through (ix) of
subsection (a) of this Section within the preceding 2 years.
(n) In any review proceeding of a decision of the county board or
governing body of a municipality made pursuant to the local
siting review process, the petitioner in the review proceeding shall pay to
the county or municipality the cost of preparing and certifying the record
of proceedings. Should the petitioner in the review proceeding fail to make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
In the event the petitioner is a citizens' group that participated in the
siting proceeding and is so located as to be affected by the proposed
facility, such petitioner shall be exempt from paying the costs of
preparing and certifying the record.
(o) Notwithstanding any other provision of this Section, a transfer
station used exclusively for landscape waste, where landscape waste is held
no longer than 24 hours from the time it was received, is not subject to the
requirements of local siting approval under this Section, but is subject only
to local zoning approval.
(Source: P.A. 100-382, eff. 8-25-17.)
(415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
Sec. 39.3.
Hazardous waste facilities.
(a) The provisions of this Section apply to any application for a
permit under the Solid Waste Rules of the Board's Rules and Regulations
to develop a new pollution control facility for the disposal of
hazardous waste, and to any application to modify the development of an
existing site or facility which would allow the disposal of hazardous waste
for the first time. The requirements of this Section are in addition to
any other procedures as may be required by law.
(b) Any application for a permit under this Section shall be made to
the Agency, and shall be accompanied by proof that notice of the application
has been served upon the Attorney General, the State's Attorney and the
Chairman of the County Board of the county in which the facility is proposed
to be located, each member of the General Assembly from the legislative
district in which the facility is proposed to be located, and the clerk
of each municipality, any portion of which is within three miles of the
boundary of the facility. Upon the request of any person upon whom notice
is required to be served, the applicant shall promptly furnish a copy of
the application to the person making the request.
(c) (i) Not more than 90 days after receipt of a complete application
for a permit under this Section, the Agency shall give public notice of
its preliminary determination to either issue or deny the permit, and shall
give notice of the opportunity for a public hearing on that preliminary
determination under this Section. Upon the request of the permit applicant,
or of any other person who is admitted as a party pursuant to subsection
(d), the Agency shall schedule a public hearing pursuant to subsection (e).
(ii) The Agency notice shall be published in a newspaper of general
circulation in the county in which the site is proposed to be located, and
shall be served upon the Attorney General, the State's Attorney and the
Chairman of the County Board of the county in which the facility is proposed
to be located, each member of the General Assembly from the legislative
district in which the facility is proposed to be located, and the clerk
of each municipality, any portion of which is within three miles of the
boundary of the facility.
(iii) The contents, form, and manner of service of the Agency notice
shall conform to the requirements of Section 10-25 of the
Illinois Administrative Procedure Act.
(d) Within 60 days after the date of the Agency notice required by
subsection (c) of this Section, any person who may be adversely affected
by an Agency decision on the permit application may petition the Agency
to intervene before the Agency as a party. The petition to intervene shall
contain a short and plain statement identifying the petitioner and stating
the petitioner's interest. The petitioner shall serve the petition upon
the applicant for the permit and upon any other persons who have petitioned
to intervene. Unless the Agency determines that the petition is
duplicative or frivolous, it shall admit the petitioner
as a party.
(e) (i) Not less than 60 days nor more than 180 days
after the date of the Agency notice required by subsection (c) of this Section,
the Agency shall commence the public hearing required by this Section.
(ii) The public hearing and other proceedings required by this Section
shall be conducted in accordance with the provisions concerning contested
cases of the Illinois Administrative Procedure Act.
(iii) The public hearing required by this Section may, with the concurrence
of the Agency, the permit applicant and the County Board of the county or
the governing body of the municipality, be conducted jointly with the public
hearing required by Section 39.2 of this Act.
(iv) All documents submitted to the Agency in connection with the
public hearing shall be reproduced and filed at the office of the county
board or governing body of the municipality and may be copied upon payment of
the actual cost of reproduction.
(f) Within sixty days of the completion of the public hearing required
by this Section the Agency shall render a final decision either granting
or denying the permit.
(g) The Agency shall adopt such procedural rules as may be necessary
and appropriate to carry out its duties under this Section which are not
inconsistent with the requirements of this Section. In adopting such
procedural rules the Agency shall follow the requirements concerning
rulemaking of the Illinois Administrative Procedure Act.
(h) This Section shall not apply to permits issued by the Agency pursuant
to authority delegated from the United States pursuant to the Resource
Conservation and Recovery Act of 1976, P.L. 94-580, as amended, or the Safe
Drinking Water Act, P.L. 93-523, as amended.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/39.4) (from Ch. 111 1/2, par. 1039.4)
Sec. 39.4.
(a) Upon receipt of a joint application transmitted from
the Department of Agriculture for an agrichemical facility construction or
operation permit or a lawncare containment permit, the Agency may provide a
written endorsement of the permit to be issued by the Department for such
agrichemical facility or lawncare wash water containment area. The Agency's
endorsement may be provided at any time prior to final action by the Department
regarding the subject permit.
(b) For all purposes of this Act, an agrichemical facility permit
or lawncare containment permit endorsed by the Agency pursuant to this Section
shall be deemed to be a permit issued by the Agency pursuant to subsection (b)
of Section 9 and subsection (b) of Section 12 of this Act. An agrichemical
facility or a lawncare wash water containment area remains subject to all
applicable permit requirements under this Act if the Department of
Agriculture's agrichemical facility permit or lawncare containment permit has
not been endorsed pursuant to subsection (a) of this Section.
(c) An agrichemical facility permit or a lawncare containment permit
endorsed by the Agency shall not be subject to the annual fee provisions of
Section 9.6 of this Act.
(Source: P.A. 88-474.)
(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
Sec. 39.5. Clean Air Act Permit Program.
1. Definitions. For purposes of this Section:
"Administrative permit amendment" means a permit revision subject to
subsection 13 of this Section.
"Affected source for acid deposition" means a source that includes one or
more affected units under Title IV of the Clean Air Act.
"Affected States" for purposes of formal distribution of a draft CAAPP permit
to other States for comments prior to issuance, means all States:
"Affected unit for acid deposition" shall have the meaning given to the term
"affected unit" in the regulations promulgated under Title IV of the Clean Air
Act.
"Applicable Clean Air Act requirement" means all of the following as they
apply to emissions units in a source (including regulations that have been
promulgated or approved by USEPA pursuant to the Clean Air Act which directly
impose requirements upon a source and other such federal requirements which
have been adopted by the Board. These may include requirements and regulations
which have future effective compliance dates. Requirements and regulations
will be exempt if USEPA determines that such requirements need not be contained
in a Title V permit):
"Applicable requirement" means all applicable Clean Air Act requirements and
any other standard, limitation, or other requirement contained in this Act or
regulations promulgated under this Act as applicable to sources of air
contaminants (including requirements that have future effective compliance
dates).
"CAAPP" means the Clean Air Act Permit Program, developed pursuant to Title V
of the Clean Air Act.
"CAAPP application" means an application for a CAAPP permit.
"CAAPP Permit" or "permit" (unless the context suggests otherwise) means any
permit issued, renewed, amended, modified or revised pursuant to Title V of the
Clean Air Act.
"CAAPP source" means any source for which the owner or operator is required
to obtain a CAAPP permit pursuant to subsection 2 of this Section.
"Clean Air Act" means the Clean Air Act, as now and hereafter amended, 42
U.S.C. 7401, et seq.
"Designated representative" has the meaning given to it in Section
402(26) of the Clean Air Act and the regulations promulgated thereunder, which state
that the term "designated representative" means a responsible
person or official authorized by the owner or operator of a unit to represent
the owner or operator in all matters pertaining to the holding, transfer, or
disposition of allowances allocated to a unit, and the submission of and
compliance with permits, permit applications, and compliance plans for the
unit.
"Draft CAAPP permit" means the version of a CAAPP permit for which public
notice and an opportunity for public comment and hearing is offered by the
Agency.
"Effective date of the CAAPP" means the date that USEPA approves Illinois'
CAAPP.
"Emission unit" means any part or activity of a stationary source that emits
or has the potential to emit any air pollutant. This term is not meant to
alter or affect the definition of the term "unit" for purposes of Title IV of
the Clean Air Act.
"Federally enforceable" means enforceable by USEPA.
"Final permit action" means the Agency's granting with conditions, refusal to
grant, renewal of, or revision of a CAAPP permit, the Agency's determination of
incompleteness of a submitted CAAPP application, or the Agency's failure to act
on an application for a permit, permit renewal, or permit revision within the
time specified in subsection 13, subsection 14, or paragraph (j) of subsection 5 of this
Section.
"General permit" means a permit issued to cover numerous similar sources in
accordance with subsection 11 of this Section.
"Major source" means a source for which emissions of one or more air
pollutants meet the criteria for major status pursuant to paragraph (c) of subsection 2 of
this Section.
"Maximum achievable control technology" or "MACT" means the maximum degree of
reductions in emissions deemed achievable under Section 112 of the Clean
Air Act.
"Owner or operator" means any person who owns, leases, operates, controls, or
supervises a stationary source.
"Permit modification" means a revision to a CAAPP permit that cannot be
accomplished under the provisions for administrative permit amendments under
subsection 13 of this
Section.
"Permit revision" means a permit modification or administrative permit
amendment.
"Phase II" means the period of the national acid rain program,
established under Title IV of the Clean Air Act, beginning January 1,
2000, and continuing thereafter.
"Phase II acid rain permit" means the portion of a CAAPP permit issued,
renewed, modified, or revised by the Agency during Phase II for an affected
source for acid deposition.
"Potential to emit" means the maximum capacity of a stationary source to emit
any air pollutant under its physical and operational design. Any physical or
operational limitation on the capacity of a source to emit an air pollutant,
including air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted, stored, or processed,
shall be treated as part of its design if the limitation is enforceable by
USEPA. This definition does not alter or affect the use of this term for any
other purposes under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated thereunder.
"Preconstruction Permit" or "Construction Permit" means a permit which is to
be obtained prior to commencing or beginning actual construction or
modification of a source or emissions unit.
"Proposed CAAPP permit" means the version of a CAAPP permit that the Agency
proposes to issue and forwards to USEPA for review in compliance with
applicable requirements of the Act and regulations promulgated thereunder.
"Regulated air pollutant" means the following:
"Renewal" means the process by which a permit is reissued at the end of its
term.
"Responsible official" means one of the following:
"Section 502(b)(10) changes" means changes that contravene express permit
terms. "Section 502(b)(10) changes" do not include changes that would violate
applicable
requirements or contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping, reporting, or
compliance certification requirements.
"Solid waste incineration unit" means a distinct operating unit of any
facility which combusts any solid waste material from commercial or industrial
establishments or the general public (including single and multiple residences,
hotels, and motels). The term does not include incinerators or other units
required to have a permit under Section 3005 of the Solid Waste Disposal Act.
The term also does not include (A) materials recovery facilities (including
primary or secondary smelters) which combust waste for the primary purpose of
recovering metals, (B) qualifying small power production facilities, as defined
in Section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or
qualifying cogeneration facilities, as defined in Section 3(18)(B) of the
Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as
units which burn tires or used oil, but not including refuse-derived fuel) for
the production of electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of electric energy
and steam or forms of useful energy (such as heat) which are used for
industrial, commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood wastes, yard waste
and clean lumber and that such air curtain incinerators comply with opacity
limitations to be established by the USEPA by rule.
"Source" means any stationary source (or any group of stationary sources)
that
is located on one or more contiguous or adjacent properties
that are under
common control of the same person (or persons under common control) and
that
belongs to
a single major industrial grouping. For the purposes of defining "source," a
stationary source or group of stationary sources shall be considered part of a
single major industrial grouping if all of the pollutant emitting
activities at such
source or group of sources located on contiguous or adjacent properties
and under common control belong to the
same Major Group (i.e., all have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1987, or such pollutant emitting
activities at a stationary source (or group of stationary sources) located on
contiguous or adjacent properties and under common control constitute a
support
facility. The determination as to whether any group of stationary sources is
located on contiguous or adjacent properties, and/or is under common control,
and/or
whether the pollutant emitting activities at such group of stationary sources
constitute a support facility shall be made on a case by case basis.
"Stationary source" means any building, structure, facility, or installation
that emits or may emit any regulated air pollutant or any pollutant listed
under Section 112(b) of the Clean Air Act, except those emissions resulting directly from an internal combustion engine for transportation purposes or from a nonroad engine or nonroad vehicle as defined in Section 216 of the Clean Air Act.
"Subject to regulation" has the meaning given to it in 40 CFR 70.2, as now or hereafter amended.
"Support facility" means any stationary source (or group of stationary
sources) that conveys, stores, or otherwise assists to a significant extent in
the production of a principal product at another stationary source (or group of
stationary sources). A support facility shall be considered to be part of the
same source as the stationary source (or group of stationary sources) that it
supports regardless of the 2-digit Standard Industrial Classification code for
the support facility.
"USEPA" means the Administrator of the United States Environmental Protection
Agency (USEPA) or a person designated by the Administrator.
1.1. Exclusion From the CAAPP.
2. Applicability.
3. Agency Authority To Issue CAAPP Permits and Federally Enforceable State
Operating Permits.
4. Transition.
5. Applications and Completeness.
6. Prohibitions.
7. Permit Content.
8. Public Notice; Affected State Review.
9. USEPA Notice and Objection.
10. Final Agency Action.
11. General Permits.
12. Operational Flexibility.
13. Administrative Permit Amendments.
14. Permit Modifications.
15. Reopenings for Cause by the Agency.
16. Reopenings for Cause by USEPA.
17. Title IV; Acid Rain Provisions.
18. Fee Provisions.
19. Air Toxics Provisions.
20. Small Business.
21. Temporary Sources.
22. Solid Waste Incineration Units.
(Source: P.A. 99-380, eff. 8-17-15; 99-933, eff. 1-27-17; 100-103, eff. 8-11-17.)
(415 ILCS 5/39.8)
Sec. 39.8. Gasification conversion technology demonstration permit.
(a) The purpose of this Section is to provide for the permitting and limited testing of gasification conversion technologies on a pilot scale basis.
(b) For purposes of this Section:
(c) The Agency may, under the authority of subsection (b) of Section 9 and subsection (a) of Section 39 of the Act, issue a GCTDP to an applicant for limited field testing of a GCT in order to demonstrate that the GCT can reliably produce syngas meeting specifications for its use as fuel for the generation of electricity. The GCTDP shall be subject to all of the following conditions:
(Source: P.A. 96-887, eff. 4-9-10.)
(415 ILCS 5/39.9)
Sec. 39.9. Thermochemical conversion technology demonstration permit.
(a) The purpose of this Section is to provide for the permitting and testing of thermochemical conversion technology ("TCT") on a pilot-scale basis.
(b) For purposes of this Section:
"Thermochemical conversion" means the application of heat to woody biomass, collected as landscape waste within the boundaries of the host unit of local government, in order to convert that material to a synthetic gas ("syngas") that can be processed for use as a fuel for the production of electricity and process heat, for the production of ethanol or hydrogen to be used as transportation fuel, or for both of those purposes. To qualify as thermochemical conversion, the thermochemical conversion technology must not continuously operate at temperatures exceeding an hourly average of 2,000°F, must operate at or near atmospheric pressure with no intentional or forced addition of air or oxygen, must use electricity for the source of heat, and must be designed to produce more energy than it consumes.
"Thermochemical conversion technology demonstration permit" or "TCTDP" means a demonstration permit issued by the Agency's Bureau of Air Permit Section under this Section. The TCT will be considered a process emission unit.
"Thermochemical conversion technology processing facility" means a facility constructed and operated for the purpose of conducting thermochemical conversion under this Section.
"Woody biomass" means the fibrous cellular substance consisting largely of cellulose, hemicellulose, and lignin from trees and shrubs collected as landscape waste. "Woody biomass" also includes bark and leaves from trees and shrubs, but does not include other wastes or foreign materials.
(c) The Agency may, under the authority of subsection (b) of Section 9 and subsection (a) of Section 39 of the Act, issue a TCTDP to an applicant for field testing of a thermochemical conversion technology processing facility to demonstrate that the thermochemical conversion technology can reliably produce syngas that can be processed for use as a fuel for the production of electricity and process heat, for the production of ethanol or hydrogen to be used as transportation fuel, or for both purposes. The TCTDP shall be subject to the following conditions:
(Source: P.A. 96-1314, eff. 7-27-10.)
(415 ILCS 5/39.10)
Sec. 39.10. General permits.
(a) Except as otherwise prohibited by federal law or regulation, the Agency may issue general permits for the construction, installation, or operation of categories of facilities for which permits are required under this Act or Board regulation, provided that such general permits are consistent with federal and State laws and regulations. Such general permits shall include, but shall not be limited to, provisions requiring the following as prerequisites to obtaining coverage under a general permit: (i) the submittal of a notice of intent to be covered by the general permit and (ii) the payment of applicable permitting fees. The Agency may include conditions in such general permits as may be necessary to accomplish the intent of this Act and rules adopted under this Act.
(b) Within 6 months after the effective date of this amendatory Act of the 97th General Assembly, the Agency shall, in consultation with the regulated community, identify types of permits for which general permits would be appropriate and consistent with State and federal law and regulations. The types of permits may include, but shall not be limited to, permits for nonhazardous solid waste activities, discharge of storm water from landfills, and discharge of hydrostatic test waters. Within 18 months after the effective date of this amendatory Act of the 97th General Assembly, the Agency shall, in consultation with the regulated community, develop general permits for the types of permits identified pursuant to this subsection (b).
(c) Persons obtaining coverage under a general permit shall be subject to the same permitting fees that apply to persons obtaining individual permits.
(d) No person obtaining coverage under a general permit shall violate this Act, rules adopted under this Act, or the terms or conditions of the general permit.
(e) This Section does not apply to sources subject to Section 39.5 of this Act.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/39.12)
Sec. 39.12. Permits by rule.
(a) Except as otherwise prohibited by federal law or regulation, the Board may adopt rules providing for permits by rule for classes of facilities or equipment, provided that the permits by rule are consistent with federal and State laws and regulations. Proposals for permits by rule authorized under this Section may be filed by any person in accordance with Title VII of this Act.
(b) Board rules adopted under this Section shall include, but not be limited to, standards as may be necessary to accomplish the intent of this Act and rules adopted under this Act and the terms and conditions for obtaining a permit by rule under this Section, which shall include, but not be limited to, the following as prerequisites to obtaining a permit by rule: (i) the submittal of a notice of intent to be subject to the permit by rule and (ii) the payment of applicable permitting fees.
(c) Within one year after the effective date of this amendatory Act of the 97th General Assembly, the Agency shall, in consultation with the regulated community, identify types of permits for which permits by rule would be appropriate and consistent with State and federal law and regulations. The types of permits may include, but shall not be limited to, permits for open burning, certain package boilers and heaters using only natural gas or refinery gas, and certain internal combustion engines.
(d) Persons obtaining a permit by rule shall be subject to the same permitting fees that apply to persons obtaining individual permits.
(e) No person that has obtained a permit by rule shall violate this Act, rules adopted under this Act, or the terms and conditions of the permit by rule.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/39.14)
Sec. 39.14. Expedited review of permits.
(a) It is the intent of this Section to promote an expedited permit review process for any permit required under this Act.
(b) Any applicant for a permit under this Act may request in writing from the Agency an expedited review of the application for a permit. Within a reasonable time, the Agency shall respond in writing, indicating whether the Agency will perform an expedited review.
(c) In addition to any other fees required by this Act or Board regulations, an applicant requesting expedited review under this Section shall pay to the Agency an expedited permit fee. The amount of the expedited permit fee shall be 4 times the standard permit fee required for the requested permit under this Act or Board regulations; provided that the expedited permit fee shall not exceed $100,000. For recurring permit fees, such as annual fees, operating fees, or discharge fees, the expedited permit fee shall be 4 times the amount of the recurring fee on a one-time basis for each expedited permitting action. If an owner or operator is not required to pay a standard permit fee for the requested permit, the amount of the expedited permit fee shall be mutually agreed upon by the Agency and the applicant. Prior to any Agency review, the applicant shall make full payment of the expedited permit fee to the Agency. All amounts paid to the Agency pursuant to this Section shall be deposited into the Environmental Protection Permit and Inspection Fund. The applicant shall also pay all standard permit fees in accordance with the applicable fee provisions of this Act or Board regulations.
(d) The Agency's expedited review under this Section shall include the usual and customary review by the Agency as necessary for processing any similar application.
(e) "Expedited review" means, for the purposes of this Section, the Agency taking action on a permit application within a period of time mutually agreed upon by the Agency and the applicant; provided, however, that the agreed-upon period of time shall be tolled during any times the Agency is waiting for the applicant or another party to provide information necessary for the Agency to complete its expedited review.
(f) If the Agency fails to complete an expedited review within the period of time agreed upon by the Agency and the applicant, taking into account the tolling provided under subsection (e) of this Section, the applicant shall be entitled to a refund of the expedited permit fee paid under this Section, on a prorated basis, as mutually agreed upon by the Agency and the applicant.
(g) This Section shall not apply to applications related to emergency events necessitating immediate action by the Agency on permit applications.
(h) The Agency may adopt rules for the implementation of this Section.
(Source: P.A. 97-95, eff. 7-12-11.)
(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
Sec. 40. Appeal of permit denial.
(a)(1) If the Agency refuses to grant or grants with conditions a permit
under Section 39 of this Act, the applicant may, within 35 days after the
date on which the Agency served its decision on the applicant, petition for
a hearing before the Board to contest the decision of the Agency. However,
the 35-day period for petitioning for a hearing may be extended for an
additional period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the initial
appeal period. The Board shall give 21 days' notice to any person in the
county where is located the facility in issue who has requested notice of
enforcement proceedings and to each member of the General Assembly in whose
legislative district that installation or property is located; and shall
publish that 21-day notice in a newspaper of general circulation in that
county. The Agency shall appear as respondent in such hearing. At such
hearing the rules prescribed in Section 32 and subsection (a) of Section 33 of
this Act shall apply, and the burden of proof shall be on the petitioner. If,
however, the Agency issues an NPDES permit that imposes limits which are based
upon a criterion or denies a permit based upon application of a criterion,
then the Agency shall have the burden of going forward with the basis for
the derivation of those limits or criterion which were derived under the
Board's rules.
(2) Except as provided in paragraph (a)(3), if there is no final action by
the Board within 120 days after the date on which it received the petition,
the petitioner may deem the permit issued under this Act, provided,
however, that that period of 120 days shall not run for any period of time,
not to exceed 30 days, during which the Board is without sufficient membership
to constitute the quorum required by subsection (a) of Section 5 of this Act,
and provided further that such 120 day period shall not be stayed for lack of
quorum beyond 30 days regardless of whether the lack of quorum exists at the
beginning of such 120-day period or occurs during the running of such 120-day
period.
(3) Paragraph (a)(2) shall not apply to any permit which is subject
to subsection (b), (d) or (e) of Section 39. If there is no final action by
the Board within 120 days after the date on which it received the petition,
the petitioner shall be entitled to an Appellate Court order pursuant to
subsection (d) of Section 41 of this Act.
(b) If the Agency grants a RCRA permit for a hazardous waste disposal site,
a third party, other than the permit applicant or Agency, may, within 35
days after the date on which the Agency issued its decision, petition the
Board for a hearing to contest the issuance of the permit.
Unless the Board determines that such petition is duplicative or frivolous, or that the petitioner is so located as to
not be affected by the permitted facility, the Board shall hear the
petition in accordance with the terms of subsection (a) of this Section
and its procedural rules governing denial appeals, such hearing to be
based exclusively on the record before the Agency. The burden of proof
shall be on the petitioner. The Agency and the permit applicant shall
be named co-respondents.
The provisions of this subsection do not apply to the granting of permits
issued for the disposal or utilization of sludge from publicly owned sewage
works.
(c) Any party to an Agency proceeding conducted pursuant to Section
39.3 of this Act may petition as of right to the Board for review of the
Agency's decision within 35 days from the date of issuance of the Agency's
decision, provided that such appeal is not duplicative
or frivolous.
However, the 35-day period for petitioning for a hearing may be extended
by the applicant for a period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the initial
appeal period. If another person with standing to appeal wishes to obtain
an extension, there must be a written notice provided to the Board by that
person, the Agency, and the applicant, within the initial appeal period.
The decision of the Board shall be based exclusively on the record compiled
in the Agency proceeding. In other respects the Board's review shall be
conducted in accordance with subsection (a) of this Section and the Board's
procedural rules governing permit denial appeals.
(d) In reviewing the denial or any condition of a NA NSR permit issued by the
Agency pursuant to rules and regulations adopted under subsection (c)
of Section 9.1 of this Act, the decision of the Board
shall be based exclusively on the record before the Agency including the
record of the hearing, if any, unless the parties agree to supplement the record. The Board shall, if
it finds the Agency is in error, make a final determination as to the
substantive limitations of the permit including a final determination of
Lowest Achievable Emission Rate.
(e)(1) If the Agency grants or denies a permit under subsection (b) of
Section 39 of this Act, a third party, other than the permit applicant or
Agency, may petition the Board within 35 days from the date of issuance of
the Agency's decision, for a hearing to contest the decision of the Agency.
(2) A petitioner shall include the following within a petition submitted
under subdivision (1) of this subsection:
(3) If the Board determines that the petition is not duplicative or frivolous and contains a satisfactory demonstration under
subdivision (2) of this subsection, the Board shall hear the petition (i) in
accordance with the terms of subsection (a) of this Section and its procedural
rules governing permit denial appeals and (ii) exclusively on the basis of the
record before the Agency. The burden of proof shall be on the petitioner.
The Agency and permit applicant shall be named co-respondents.
(f) Any person who files a petition to contest the issuance of a
permit by the Agency shall pay a filing fee.
(g) If the Agency grants or denies a permit under subsection (y) of Section 39, a third party, other than the permit applicant or Agency, may appeal the Agency's decision as provided under federal law for CCR surface impoundment permits.
(Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
(415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
Sec. 40.1.
Appeal of siting approval.
(a) If the county board or the governing body of the municipality,
as determined by paragraph (c) of Section 39 of this Act, refuses to grant
or grants with conditions approval under Section 39.2 of this Act, the
applicant may, within 35 days after the date on which the local siting
authority disapproved or conditionally approved siting, petition for a
hearing before the Board to contest the decision of the county
board or the governing body of the municipality. The Board shall publish
21 day notice of the hearing on the appeal in a newspaper of general
circulation published in that county. The county board or governing
body of the municipality shall appear as respondent in such hearing, and
such hearing shall be based exclusively on the record before the county
board or the governing body of the municipality. At such hearing the rules
prescribed in Sections 32 and 33 (a) of this Act shall apply, and the burden
of proof shall be on the petitioner; however, no new or additional evidence
in support of or in opposition to any finding, order, determination or decision
of the appropriate county board or governing body of the municipality shall
be heard by the Board. In making its orders and determinations under this
Section the Board shall include in its consideration the written decision
and reasons for the decision of the county board or the governing body of
the municipality, the transcribed record of the hearing held pursuant to
subsection (d) of Section 39.2, and the fundamental fairness of the
procedures used by the county board or the governing body of the
municipality in reaching its decision. The Board shall transmit a copy of
its decision to the office of the county board or governing body of the
municipality where it shall be available for public inspection and copied
upon payment of the actual cost of reproduction. If there is no final
action by the Board within 120 days after the date on which it received
the petition, the petitioner may deem the site location approved;
provided, however, that that period of 120 days shall not run for
any period of time, not to exceed 30 days, during which the Board is
without sufficient membership to constitute the quorum required by
subsection (a) of Section 5 of this Act, and provided further, that such
120 day period shall not be stayed for lack of quorum beyond 30 days
regardless of whether the lack of quorum exists at the beginning of such
120 day period or occurs during the running of such 120 day period.
(b) If the county board or the governing body of the municipality as
determined by paragraph (c) of Section 39 of this Act, grants approval under
Section 39.2 of this Act, a third party other than the applicant who
participated in the public hearing conducted by the county board or governing
body of the municipality may, within 35 days after
the date on which the local siting authority granted siting approval, petition
the Board for a hearing to contest the approval of the county board or the
governing body of the municipality. Unless the Board determines that such
petition is duplicative or frivolous, or that the
petitioner is so located as to not be affected by the proposed facility,
the Board shall hear the petition in accordance with the terms of subsection
(a) of this Section and its procedural rules governing denial appeals, such
hearing to be based exclusively on the record before county board or the
governing body of the municipality. The burden of proof shall be on the
petitioner. The county board or the governing body of the municipality
and the applicant shall be named as co-respondents.
The Board shall transmit a copy of its decision to the office of the
county board or governing body of the municipality where it shall be
available for public inspection and may be copied upon payment of the
actual cost of reproduction.
(c) Any person who files a petition to contest a decision of the
county board or governing body of the municipality shall pay a filing fee.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
Sec. 40.2. Application of review process.
(a) Subsection (a) of Section 40 does not apply to any permit which is
subject to Section 39.5. If the Agency refuses to grant or grants with
conditions a CAAPP permit, makes a determination of incompleteness regarding a
submitted CAAPP application, or fails to act on an application for a CAAPP
permit, permit renewal, or permit revision within the time specified in
paragraph 5(j) of Section 39.5 of this Act, the applicant, any person who
participated in the public comment process pursuant to subsection 8 of Section
39.5 of this Act, or any other person who could obtain judicial review pursuant
to Section 41(a) of this Act, may,
within 35 days after final permit action, petition for a hearing before the
Board to contest the decision of the Agency. However, the 35-day period for
petitioning for a hearing may be extended by the applicant for an
additional period of time not to exceed 90 days by written notice
provided to the Board from the applicant and the Agency within the
initial appeal period. If another person with standing to appeal wishes to
obtain an extension, there must be a written notice provided to the Board by
that person, the Agency, and the applicant, within the initial appeal period.
Notwithstanding the preceding requirements, petitions for a
hearing before the Board under this subsection may be filed after the 35-day
period, only if such petitions are based solely on grounds arising after the
35-day period expires. Such petitions shall be filed within 35 days after the
new grounds for review arise. If the final permit action being challenged is
the Agency's failure to take final action, a petition for a hearing before the
Board shall be filed before the Agency denies or issues the final permit.
The Agency shall appear as respondent in such hearing. At such hearing the
rules prescribed in Sections 32 and 33(a) of this Act shall apply, and the
burden of proof shall be on the petitioner.
(b) The Agency's failure to take final action within 90 days of receipt of
an application requesting minor permit modification procedures (or 180 days for
modifications subject to group processing requirements), pursuant to subsection
14 of Section 39.5, will be subject to this Section and Section 41 of this Act.
(c) If there is no final action by the Board within 120 days after the
date on which it received the petition, the permit shall not be deemed
issued; rather, the petitioner shall be entitled to an Appellate Court order
pursuant to Section 41(d) of this Act. The period of 120 days shall not
run for any period of time, not to exceed 30 days, during which the Board is
without sufficient membership to constitute the quorum required by subsection
(a) of Section 5 of this Act; the 120 day period shall not be stayed for
lack of quorum beyond 30 days, regardless of whether the lack of quorum exists
at the beginning of the 120 day period or occurs during the running of the
120 day period.
(d) Any person who files a petition to contest the final permit action by
the Agency under this Section shall pay a filing fee.
(e) The Agency shall notify USEPA, in writing, of any petition for hearing
brought under this Section involving a provision or denial of a Phase II acid
rain permit within 30 days of the filing of the petition. USEPA may intervene
as a matter of right in any such hearing. The Agency shall notify USEPA, in
writing, of any determination or order in a hearing brought under this Section
that interprets, voids, or otherwise relates to any portion of a Phase II acid
rain permit.
(f) If requested by the applicant, the Board may stay the effectiveness of any final Agency action identified in subsection (a) of this Section during the pendency of the review process. If requested by the applicant, the Board shall stay the effectiveness of all the contested conditions of a CAAPP permit. The Board may stay the effectiveness of any or all uncontested conditions if the Board determines that the uncontested conditions would be affected by its review of contested conditions. If the Board stays any, but not all, conditions, then the applicant shall continue to operate in accordance with any related terms and conditions of any other applicable permits until final Board action in the review process. If the Board stays all conditions, then the applicant shall continue to operate in accordance with all related terms and conditions of any other applicable permits until final Board action in the review process. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed by the applicant under this subsection (f). Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this subsection.
(Source: P.A. 96-934, eff. 6-21-10.)
(415 ILCS 5/40.3)
Sec. 40.3. Review process for PSD permits.
(a) (1) Subsection (a) of Section 40 does not apply to any PSD permit that is subject to subsection (c) of Section 9.1 of this Act. If the Agency refused to grant or grants with conditions a PSD permit, the applicant may, within 35 days after final permit action, petition for a hearing before the Board to contest the decision of the Agency. If the Agency fails to act on an application for a PSD permit within the time frame specified in paragraph (3) of subsection (f) of Section 39 of this Act, the applicant may, before the Agency denies or issues the final permit, petition for a hearing before the Board to compel the Agency to act on the application in a time that is deemed reasonable.
(2) Any person who participated in the public comment process and is either aggrieved or has an interest that is or may be adversely affected by the PSD permit may, within 35 days after final permit action, petition for a hearing before the Board to contest the decision of the Agency. If the petitioner failed to participate in the public comment process, the person may still petition for a hearing, but only upon issues where the final permit conditions reflect changes from the proposed draft permit.
The petition shall: (i) include such facts as necessary to demonstrate that the petitioner is aggrieved or has an interest that is or may be adversely affected; (ii) state the issues proposed for review, citing to the record where those issues were raised or explaining why such issues were not required to be raised during the public comment process; and (iii) explain why the Agency's previous response, if any, to those issues is (A) clearly erroneous or (B) an exercise of discretion or an important policy consideration that the Board should, in its discretion, review.
The Board shall hold a hearing upon a petition to contest the decision of the Agency under this paragraph (a)(2) unless the request is determined by the Board to be frivolous or to lack facially adequate factual statements required in this paragraph (a)(2).
The Agency shall appear as respondent in any hearing pursuant to this subsection (a). At such hearing the rules prescribed in Section 32 and subsection (a) of Section 33 of this Act shall apply, and the burden of proof shall be on the petitioner.
(b) If there is no final action by the Board within 120 days after the date on which it received the petition, the PSD permit shall not be deemed issued; rather, any party shall be entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of this Act. This period of 120 days shall not run for any period of time, not to exceed 30 days, during which the Board is without sufficient membership to constitute the quorum required by subsection (a) of Section 5 of this Act. The 120-day period shall not be stayed for lack of quorum beyond 30 days, regardless of whether the lack of quorum exists at the beginning of the 120-day period or occurs during the running of the 120-day period.
(c) Any person who files a petition to contest the final permit action by the Agency under this Section shall pay the filing fee for petitions for review of permit set forth in Section 7.5.
(d)(1) In reviewing the denial or any condition of a PSD permit issued by the Agency pursuant to rules adopted under subsection (c) of Section 9.1 of this Act, the decision of the Board shall be based exclusively on the record before the Agency unless the parties agree to supplement the record.
(2) If requested by the applicant, the Board may stay the effectiveness of any final Agency action on a PSD permit application identified in subsection (f) of Section 39 of this Act during the pendency of the review process. In such cases, the Board shall stay the effectiveness of all the contested conditions of the PSD permit and may stay the effectiveness of any or all uncontested conditions only if the Board determines that the uncontested conditions would be affected by its review of contested conditions. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed by the applicant under this subsection (d). Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this subsection (d).
(3) If requested by a party other than the applicant, the Board may stay the effectiveness of any final Agency action on a PSD permit application identified in subsection (f) of Section 39 of this Act during the pendency of the review process. In such cases, the Board may stay the effectiveness of all the contested conditions of the PSD permit and may stay the effectiveness of any or all uncontested conditions only if the Board determines that the uncontested conditions would be affected by its review of contested conditions. The party requesting the stay has the burden of demonstrating the following: (i) that an immediate stay is required in order to preserve the status quo without endangering the public, (ii) that it is not contrary to public policy, and (iii) that there is a reasonable likelihood of success on the merits. Any stays granted by the Board shall be deemed effective upon the date of final Agency action appealed under this subsection (d) and shall remain in effect until a decision is issued by the Board on the petition. Subsection (b) of Section 10-65 of the Illinois Administrative Procedure Act shall not apply to actions under this paragraph.
(Source: P.A. 99-463, eff. 1-1-16.)
Structure Illinois Compiled Statutes
Chapter 415 - ENVIRONMENTAL SAFETY
415 ILCS 5/ - Environmental Protection Act.
Title IV - Public Water Supplies
Title IV-A - Water Pollution Control and Public Water Supplies
Title V - Land Pollution and Refuse Disposal
Title VI-B - Toxic Chemical Reporting
Title VI-C - Oil Spill Response
Title IX - Variances and Time-Limited Water Quality Standards
Title XIII - Miscellaneous Provisions
Title XV - Potentially Infectious Medical Waste