Illinois 2025-2026 Regular Session

Illinois House Bill HB1608 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1608 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 415 ILCS 5/3.178 new415 ILCS 5/3.186 new415 ILCS 5/3.187 new415 ILCS 5/3.188 new415 ILCS 5/3.189 new415 ILCS 5/3.281 new415 ILCS 5/34.5 new415 ILCS 5/39 from Ch. 111 1/2, par. 1039415 ILCS 5/39.15 new415 ILCS 5/40 from Ch. 111 1/2, par. 1040415 ILCS 5/40.4 new Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions. LRB104 08109 BDA 18155 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1608 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 415 ILCS 5/3.178 new415 ILCS 5/3.186 new415 ILCS 5/3.187 new415 ILCS 5/3.188 new415 ILCS 5/3.189 new415 ILCS 5/3.281 new415 ILCS 5/34.5 new415 ILCS 5/39 from Ch. 111 1/2, par. 1039415 ILCS 5/39.15 new415 ILCS 5/40 from Ch. 111 1/2, par. 1040415 ILCS 5/40.4 new 415 ILCS 5/3.178 new 415 ILCS 5/3.186 new 415 ILCS 5/3.187 new 415 ILCS 5/3.188 new 415 ILCS 5/3.189 new 415 ILCS 5/3.281 new 415 ILCS 5/34.5 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/39.15 new 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 415 ILCS 5/40.4 new Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions. LRB104 08109 BDA 18155 b LRB104 08109 BDA 18155 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1608 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/3.178 new415 ILCS 5/3.186 new415 ILCS 5/3.187 new415 ILCS 5/3.188 new415 ILCS 5/3.189 new415 ILCS 5/3.281 new415 ILCS 5/34.5 new415 ILCS 5/39 from Ch. 111 1/2, par. 1039415 ILCS 5/39.15 new415 ILCS 5/40 from Ch. 111 1/2, par. 1040415 ILCS 5/40.4 new 415 ILCS 5/3.178 new 415 ILCS 5/3.186 new 415 ILCS 5/3.187 new 415 ILCS 5/3.188 new 415 ILCS 5/3.189 new 415 ILCS 5/3.281 new 415 ILCS 5/34.5 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/39.15 new 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 415 ILCS 5/40.4 new
4	4	415 ILCS 5/3.178 new
5	5	415 ILCS 5/3.186 new
6	6	415 ILCS 5/3.187 new
7	7	415 ILCS 5/3.188 new
8	8	415 ILCS 5/3.189 new
9	9	415 ILCS 5/3.281 new
10	10	415 ILCS 5/34.5 new
11	11	415 ILCS 5/39 from Ch. 111 1/2, par. 1039
12	12	415 ILCS 5/39.15 new
13	13	415 ILCS 5/40 from Ch. 111 1/2, par. 1040
14	14	415 ILCS 5/40.4 new
15	15	Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.
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18	18	A BILL FOR
19	19	HB1608LRB104 08109 BDA 18155 b HB1608 LRB104 08109 BDA 18155 b
20	20	HB1608 LRB104 08109 BDA 18155 b
21	21	1 AN ACT concerning safety.
22	22	2 Be it enacted by the People of the State of Illinois,
23	23	3 represented in the General Assembly:
24	24	4 Section 5. The Environmental Protection Act is amended by
25	25	5 changing Sections 39 and 40 and by adding Sections 3.178,
26	26	6 3.186, 3.187, 3.188, 3.189, 3.281, 34.5, 39.15, and 40.4 as
27	27	7 follows:
28	28	8 (415 ILCS 5/3.178 new)
29	29	9 Sec. 3.178. Cumulative impact. "Cumulative impact" means
30	30	10 the total burden from chemical and nonchemical stressors and
31	31	11 their interactions that affect the health, well-being, and
32	32	12 quality of life of an individual, community, or population at
33	33	13 a given point of time or over a period of time.
34	34	14 (415 ILCS 5/3.186 new)
35	35	15 Sec. 3.186. Disproportionate harm. "Disproportionate harm"
36	36	16 means the combination of cumulative impacts, including, but
37	37	17 not limited to, disproportionately high and adverse human
38	38	18 health impacts and disproportionately high and adverse
39	39	19 environmental impacts.
40	40	20 (415 ILCS 5/3.187 new)
41	41	21 Sec. 3.187. Disproportionately high and adverse
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45	45	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1608 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
46	46	415 ILCS 5/3.178 new415 ILCS 5/3.186 new415 ILCS 5/3.187 new415 ILCS 5/3.188 new415 ILCS 5/3.189 new415 ILCS 5/3.281 new415 ILCS 5/34.5 new415 ILCS 5/39 from Ch. 111 1/2, par. 1039415 ILCS 5/39.15 new415 ILCS 5/40 from Ch. 111 1/2, par. 1040415 ILCS 5/40.4 new 415 ILCS 5/3.178 new 415 ILCS 5/3.186 new 415 ILCS 5/3.187 new 415 ILCS 5/3.188 new 415 ILCS 5/3.189 new 415 ILCS 5/3.281 new 415 ILCS 5/34.5 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/39.15 new 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 415 ILCS 5/40.4 new
47	47	415 ILCS 5/3.178 new
48	48	415 ILCS 5/3.186 new
49	49	415 ILCS 5/3.187 new
50	50	415 ILCS 5/3.188 new
51	51	415 ILCS 5/3.189 new
52	52	415 ILCS 5/3.281 new
53	53	415 ILCS 5/34.5 new
54	54	415 ILCS 5/39 from Ch. 111 1/2, par. 1039
55	55	415 ILCS 5/39.15 new
56	56	415 ILCS 5/40 from Ch. 111 1/2, par. 1040
57	57	415 ILCS 5/40.4 new
58	58	Amends the Environmental Protection Act. Requires the Environmental Protection Agency to annually review and update the underlying data for, and use of, indicators used to determine whether a community is designated as an environmental justice community and to establish a process by which communities not designated as environmental justice communities may petition for such a designation. Provides that an applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides requirements for the environmental justice assessment. Contains provisions regarding public participation requirements for permitting transactions in an environmental justice community. Provides that, if the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. Contains provisions regarding environmental justice grievances. Defines terms. Contains other provisions.
59	59	LRB104 08109 BDA 18155 b LRB104 08109 BDA 18155 b
60	60	LRB104 08109 BDA 18155 b
61	61	A BILL FOR
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68	68	415 ILCS 5/3.186 new
69	69	415 ILCS 5/3.187 new
70	70	415 ILCS 5/3.188 new
71	71	415 ILCS 5/3.189 new
72	72	415 ILCS 5/3.281 new
73	73	415 ILCS 5/34.5 new
74	74	415 ILCS 5/39 from Ch. 111 1/2, par. 1039
75	75	415 ILCS 5/39.15 new
76	76	415 ILCS 5/40 from Ch. 111 1/2, par. 1040
77	77	415 ILCS 5/40.4 new
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96	96	1 environmental impact. "Disproportionately high and adverse
97	97	2 environmental impact" means an environmental impact that is
98	98	3 disproportionately high and adverse based on the following
99	99	4 factors:
100	100	5 (1) Whether there is or will be an impact on the
101	101	6 natural or physical environment that significantly and
102	102	7 adversely affects an environmental justice community. Such
103	103	8 impacts may include, but are not limited to, ecological,
104	104	9 cultural, human health, economic, or social impacts on
105	105	10 minority communities, low-income communities, or Indian
106	106	11 tribes when those impacts are interrelated to impacts on
107	107	12 the natural or physical environment.
108	108	13 (2) Whether environmental impacts are significant and
109	109	14 are or may be having an adverse impact on an environmental
110	110	15 justice community that appreciably exceeds, or is likely
111	111	16 to appreciably exceed, the adverse impact on the general
112	112	17 population or other appropriate comparison group.
113	113	18 (3) Whether the environmental impacts occur or would
114	114	19 occur in an environmental justice community by cumulative
115	115	20 or multiple adverse exposures from environmental hazards.
116	116	21 (415 ILCS 5/3.188 new)
117	117	22 Sec. 3.188. Disproportionately high and adverse human
118	118	23 health impact. "Disproportionately high and adverse human
119	119	24 health impact" means an impact on human health that is
120	120	25 disproportionately high and adverse based on the following
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131	131	1 factors:
132	132	2 (1) Whether the health outcomes, which may be measured
133	133	3 in risks and rates, are significant or above generally
134	134	4 accepted norms. Adverse health impacts include, but are
135	135	5 not limited to, bodily impairment, infirmity, illness, or
136	136	6 death.
137	137	7 (2) Whether the risk or rate of hazard exposure for an
138	138	8 environmental justice community to an environmental hazard
139	139	9 is significant and appreciably exceeds, or is likely to
140	140	10 appreciably exceed, the risk or rate of hazard exposure
141	141	11 for the general population or in comparison to another
142	142	12 appropriate group.
143	143	13 (3) Whether health impacts occur in an environmental
144	144	14 justice community affected by cumulative or multiple
145	145	15 adverse exposures from environmental hazards.
146	146	16 (415 ILCS 5/3.189 new)
147	147	17 Sec. 3.189. Environmental justice community.
148	148	18 "Environmental justice community" means any geographic area in
149	149	19 the State that is contained within:
150	150	20 (1) an environmental justice community under the
151	151	21 Illinois Solar for All Program, as that definition is
152	152	22 updated from time to time by the Illinois Power Agency and
153	153	23 the Administrator of that Program, so long as the
154	154	24 community is designated as an environmental justice
155	155	25 community within 60 days of a community receiving
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166	166	1 notification of a permit under the federal Clean Air Act;
167	167	2 or
168	168	3 (2) an R3 Area established under Section 10-40 of the
169	169	4 Cannabis Regulation and Tax Act.
170	170	5 (415 ILCS 5/3.281 new)
171	171	6 Sec. 3.281. Linguistically isolated community.
172	172	7 "Linguistically isolated community" means the population
173	173	8 within a United States Census Bureau tract composed of
174	174	9 individuals at least 20% of whom are age 14 years or older and
175	175	10 who speak English less than very well, based on data in the
176	176	11 United States Census Bureau's latest one-year or 5-year
177	177	12 American Community Survey.
178	178	13 (415 ILCS 5/34.5 new)
179	179	14 Sec. 34.5. Environmentally beneficial project bank.
180	180	15 (a) The Agency shall establish and maintain on its website
181	181	16 a bank of potential environmentally beneficial projects. The
182	182	17 website must permit members of the public to submit
183	183	18 suggestions for environmentally beneficial projects. The
184	184	19 Agency shall assess the submissions for feasibility and
185	185	20 clarity before inclusion in the bank.
186	186	21 (b) A supplemental environmental project is not required
187	187	22 to be included within the environmentally beneficial project
188	188	23 bank required under subsection (a) in order to offset a civil
189	189	24 penalty.
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200	200	1 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
201	201	2 Sec. 39. Issuance of permits; procedures.
202	202	3 (a) When the Board has by regulation required a permit for
203	203	4 the construction, installation, or operation of any type of
204	204	5 facility, equipment, vehicle, vessel, or aircraft, the
205	205	6 applicant shall apply to the Agency for such permit and it
206	206	7 shall be the duty of the Agency to issue such a permit upon
207	207	8 proof by the applicant that the facility, equipment, vehicle,
208	208	9 vessel, or aircraft will not cause a violation of this Act or
209	209	10 of regulations hereunder and that denial of the permit is not
210	210	11 otherwise justified under this Section. The Agency shall adopt
211	211	12 such procedures as are necessary to carry out its duties under
212	212	13 this Section. In making its determinations on permit
213	213	14 applications under this Section the Agency shall may consider
214	214	15 prior adjudications of noncompliance with this Act by the
215	215	16 applicant that involved a release of a contaminant into the
216	216	17 environment. In granting permits, the Agency shall may impose
217	217	18 reasonable conditions specifically related to the applicant's
218	218	19 past compliance history with this Act as necessary to correct,
219	219	20 detect, or prevent noncompliance. The Agency shall may impose
220	220	21 such other conditions as may be necessary to accomplish the
221	221	22 purposes of this Act, and as are not inconsistent with the
222	222	23 regulations promulgated by the Board hereunder. Except as
223	223	24 otherwise provided in this Act, a bond or other security shall
224	224	25 not be required as a condition for the issuance of a permit. If
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235	235	1 the Agency denies any permit under this Section, the Agency
236	236	2 shall transmit to the applicant within the time limitations of
237	237	3 this Section specific, detailed statements as to the reasons
238	238	4 the permit application was denied. Such statements shall
239	239	5 include, but not be limited to, the following:
240	240	6 (i) the Sections of this Act which may be violated if
241	241	7 the permit were granted;
242	242	8 (ii) the provision of the regulations, promulgated
243	243	9 under this Act, which may be violated if the permit were
244	244	10 granted;
245	245	11 (iii) the specific type of information, if any, which
246	246	12 the Agency deems the applicant did not provide the Agency;
247	247	13 and
248	248	14 (iv) a statement of specific reasons why the Act and
249	249	15 the regulations might not be met if the permit were
250	250	16 granted.
251	251	17 If there is no final action by the Agency within 90 days
252	252	18 after the filing of the application for permit, the applicant
253	253	19 may deem the permit issued; except that this time period shall
254	254	20 be extended to 180 days when (1) notice and opportunity for
255	255	21 public hearing are required by State or federal law or
256	256	22 regulation, (2) the application which was filed is for any
257	257	23 permit to develop a landfill subject to issuance pursuant to
258	258	24 this subsection, or (3) the application that was filed is for a
259	259	25 MSWLF unit required to issue public notice under subsection
260	260	26 (p) of Section 39. The 90-day and 180-day time periods for the
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271	271	1 Agency to take final action do not apply to NPDES permit
272	272	2 applications under subsection (b) of this Section, to RCRA
273	273	3 permit applications under subsection (d) of this Section, to
274	274	4 UIC permit applications under subsection (e) of this Section,
275	275	5 or to CCR surface impoundment applications under subsection
276	276	6 (y) of this Section.
277	277	7 The Agency shall publish notice of all final permit
278	278	8 determinations for development permits for MSWLF units and for
279	279	9 significant permit modifications for lateral expansions for
280	280	10 existing MSWLF units one time in a newspaper of general
281	281	11 circulation in the county in which the unit is or is proposed
282	282	12 to be located.
283	283	13 After January 1, 1994 and until July 1, 1998, operating
284	284	14 permits issued under this Section by the Agency for sources of
285	285	15 air pollution permitted to emit less than 25 tons per year of
286	286	16 any combination of regulated air pollutants, as defined in
287	287	17 Section 39.5 of this Act, shall be required to be renewed only
288	288	18 upon written request by the Agency consistent with applicable
289	289	19 provisions of this Act and regulations promulgated hereunder.
290	290	20 Such operating permits shall expire 180 days after the date of
291	291	21 such a request. The Board shall revise its regulations for the
292	292	22 existing State air pollution operating permit program
293	293	23 consistent with this provision by January 1, 1994.
294	294	24 After June 30, 1998, operating permits issued under this
295	295	25 Section by the Agency for sources of air pollution that are not
296	296	26 subject to Section 39.5 of this Act and are not required to
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307	307	1 have a federally enforceable State operating permit shall be
308	308	2 required to be renewed only upon written request by the Agency
309	309	3 consistent with applicable provisions of this Act and its
310	310	4 rules. Such operating permits shall expire 180 days after the
311	311	5 date of such a request. Before July 1, 1998, the Board shall
312	312	6 revise its rules for the existing State air pollution
313	313	7 operating permit program consistent with this paragraph and
314	314	8 shall adopt rules that require a source to demonstrate that it
315	315	9 qualifies for a permit under this paragraph.
316	316	10 (b) The Agency may issue NPDES permits exclusively under
317	317	11 this subsection for the discharge of contaminants from point
318	318	12 sources into navigable waters, all as defined in the Federal
319	319	13 Water Pollution Control Act, as now or hereafter amended,
320	320	14 within the jurisdiction of the State, or into any well.
321	321	15 All NPDES permits shall contain those terms and
322	322	16 conditions, including, but not limited to, schedules of
323	323	17 compliance, which may be required to accomplish the purposes
324	324	18 and provisions of this Act.
325	325	19 The Agency may issue general NPDES permits for discharges
326	326	20 from categories of point sources which are subject to the same
327	327	21 permit limitations and conditions. Such general permits may be
328	328	22 issued without individual applications and shall conform to
329	329	23 regulations promulgated under Section 402 of the Federal Water
330	330	24 Pollution Control Act, as now or hereafter amended.
331	331	25 The Agency may include, among such conditions, effluent
332	332	26 limitations and other requirements established under this Act,
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343	343	1 Board regulations, the Federal Water Pollution Control Act, as
344	344	2 now or hereafter amended, and regulations pursuant thereto,
345	345	3 and schedules for achieving compliance therewith at the
346	346	4 earliest reasonable date.
347	347	5 The Agency shall adopt filing requirements and procedures
348	348	6 which are necessary and appropriate for the issuance of NPDES
349	349	7 permits, and which are consistent with the Act or regulations
350	350	8 adopted by the Board, and with the Federal Water Pollution
351	351	9 Control Act, as now or hereafter amended, and regulations
352	352	10 pursuant thereto.
353	353	11 The Agency, subject to any conditions which may be
354	354	12 prescribed by Board regulations, may issue NPDES permits to
355	355	13 allow discharges beyond deadlines established by this Act or
356	356	14 by regulations of the Board without the requirement of a
357	357	15 variance, subject to the Federal Water Pollution Control Act,
358	358	16 as now or hereafter amended, and regulations pursuant thereto.
359	359	17 (c) Except for those facilities owned or operated by
360	360	18 sanitary districts organized under the Metropolitan Water
361	361	19 Reclamation District Act, no permit for the development or
362	362	20 construction of a new pollution control facility may be
363	363	21 granted by the Agency unless the applicant submits proof to
364	364	22 the Agency that the location of the facility has been approved
365	365	23 by the county board of the county if in an unincorporated area,
366	366	24 or the governing body of the municipality when in an
367	367	25 incorporated area, in which the facility is to be located in
368	368	26 accordance with Section 39.2 of this Act. For purposes of this
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379	379	1 subsection (c), and for purposes of Section 39.2 of this Act,
380	380	2 the appropriate county board or governing body of the
381	381	3 municipality shall be the county board of the county or the
382	382	4 governing body of the municipality in which the facility is to
383	383	5 be located as of the date when the application for siting
384	384	6 approval is filed.
385	385	7 In the event that siting approval granted pursuant to
386	386	8 Section 39.2 has been transferred to a subsequent owner or
387	387	9 operator, that subsequent owner or operator may apply to the
388	388	10 Agency for, and the Agency may grant, a development or
389	389	11 construction permit for the facility for which local siting
390	390	12 approval was granted. Upon application to the Agency for a
391	391	13 development or construction permit by that subsequent owner or
392	392	14 operator, the permit applicant shall cause written notice of
393	393	15 the permit application to be served upon the appropriate
394	394	16 county board or governing body of the municipality that
395	395	17 granted siting approval for that facility and upon any party
396	396	18 to the siting proceeding pursuant to which siting approval was
397	397	19 granted. In that event, the Agency shall conduct an evaluation
398	398	20 of the subsequent owner or operator's prior experience in
399	399	21 waste management operations in the manner conducted under
400	400	22 subsection (i) of Section 39 of this Act.
401	401	23 Beginning August 20, 1993, if the pollution control
402	402	24 facility consists of a hazardous or solid waste disposal
403	403	25 facility for which the proposed site is located in an
404	404	26 unincorporated area of a county with a population of less than
405	405
406	406
407	407
408	408
409	409
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411	411
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414	414	HB1608 - 11 - LRB104 08109 BDA 18155 b
415	415	1 100,000 and includes all or a portion of a parcel of land that
416	416	2 was, on April 1, 1993, adjacent to a municipality having a
417	417	3 population of less than 5,000, then the local siting review
418	418	4 required under this subsection (c) in conjunction with any
419	419	5 permit applied for after that date shall be performed by the
420	420	6 governing body of that adjacent municipality rather than the
421	421	7 county board of the county in which the proposed site is
422	422	8 located; and for the purposes of that local siting review, any
423	423	9 references in this Act to the county board shall be deemed to
424	424	10 mean the governing body of that adjacent municipality;
425	425	11 provided, however, that the provisions of this paragraph shall
426	426	12 not apply to any proposed site which was, on April 1, 1993,
427	427	13 owned in whole or in part by another municipality.
428	428	14 In the case of a pollution control facility for which a
429	429	15 development permit was issued before November 12, 1981, if an
430	430	16 operating permit has not been issued by the Agency prior to
431	431	17 August 31, 1989 for any portion of the facility, then the
432	432	18 Agency may not issue or renew any development permit nor issue
433	433	19 an original operating permit for any portion of such facility
434	434	20 unless the applicant has submitted proof to the Agency that
435	435	21 the location of the facility has been approved by the
436	436	22 appropriate county board or municipal governing body pursuant
437	437	23 to Section 39.2 of this Act.
438	438	24 After January 1, 1994, if a solid waste disposal facility,
439	439	25 any portion for which an operating permit has been issued by
440	440	26 the Agency, has not accepted waste disposal for 5 or more
441	441
442	442
443	443
444	444
445	445
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447	447
448	448
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450	450	HB1608 - 12 - LRB104 08109 BDA 18155 b
451	451	1 consecutive calendar years, before that facility may accept
452	452	2 any new or additional waste for disposal, the owner and
453	453	3 operator must obtain a new operating permit under this Act for
454	454	4 that facility unless the owner and operator have applied to
455	455	5 the Agency for a permit authorizing the temporary suspension
456	456	6 of waste acceptance. The Agency may not issue a new operation
457	457	7 permit under this Act for the facility unless the applicant
458	458	8 has submitted proof to the Agency that the location of the
459	459	9 facility has been approved or re-approved by the appropriate
460	460	10 county board or municipal governing body under Section 39.2 of
461	461	11 this Act after the facility ceased accepting waste.
462	462	12 Except for those facilities owned or operated by sanitary
463	463	13 districts organized under the Metropolitan Water Reclamation
464	464	14 District Act, and except for new pollution control facilities
465	465	15 governed by Section 39.2, and except for fossil fuel mining
466	466	16 facilities, the granting of a permit under this Act shall not
467	467	17 relieve the applicant from meeting and securing all necessary
468	468	18 zoning approvals from the unit of government having zoning
469	469	19 jurisdiction over the proposed facility.
470	470	20 Before beginning construction on any new sewage treatment
471	471	21 plant or sludge drying site to be owned or operated by a
472	472	22 sanitary district organized under the Metropolitan Water
473	473	23 Reclamation District Act for which a new permit (rather than
474	474	24 the renewal or amendment of an existing permit) is required,
475	475	25 such sanitary district shall hold a public hearing within the
476	476	26 municipality within which the proposed facility is to be
477	477
478	478
479	479
480	480
481	481
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483	483
484	484
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486	486	HB1608 - 13 - LRB104 08109 BDA 18155 b
487	487	1 located, or within the nearest community if the proposed
488	488	2 facility is to be located within an unincorporated area, at
489	489	3 which information concerning the proposed facility shall be
490	490	4 made available to the public, and members of the public shall
491	491	5 be given the opportunity to express their views concerning the
492	492	6 proposed facility.
493	493	7 The Agency may issue a permit for a municipal waste
494	494	8 transfer station without requiring approval pursuant to
495	495	9 Section 39.2 provided that the following demonstration is
496	496	10 made:
497	497	11 (1) the municipal waste transfer station was in
498	498	12 existence on or before January 1, 1979 and was in
499	499	13 continuous operation from January 1, 1979 to January 1,
500	500	14 1993;
501	501	15 (2) the operator submitted a permit application to the
502	502	16 Agency to develop and operate the municipal waste transfer
503	503	17 station during April of 1994;
504	504	18 (3) the operator can demonstrate that the county board
505	505	19 of the county, if the municipal waste transfer station is
506	506	20 in an unincorporated area, or the governing body of the
507	507	21 municipality, if the station is in an incorporated area,
508	508	22 does not object to resumption of the operation of the
509	509	23 station; and
510	510	24 (4) the site has local zoning approval.
511	511	25 (d) The Agency may issue RCRA permits exclusively under
512	512	26 this subsection to persons owning or operating a facility for
513	513
514	514
515	515
516	516
517	517
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519	519
520	520
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522	522	HB1608 - 14 - LRB104 08109 BDA 18155 b
523	523	1 the treatment, storage, or disposal of hazardous waste as
524	524	2 defined under this Act. Subsection (y) of this Section, rather
525	525	3 than this subsection (d), shall apply to permits issued for
526	526	4 CCR surface impoundments.
527	527	5 All RCRA permits shall contain those terms and conditions,
528	528	6 including, but not limited to, schedules of compliance, which
529	529	7 may be required to accomplish the purposes and provisions of
530	530	8 this Act. The Agency may include among such conditions
531	531	9 standards and other requirements established under this Act,
532	532	10 Board regulations, the Resource Conservation and Recovery Act
533	533	11 of 1976 (P.L. 94-580), as amended, and regulations pursuant
534	534	12 thereto, and may include schedules for achieving compliance
535	535	13 therewith as soon as possible. The Agency shall require that a
536	536	14 performance bond or other security be provided as a condition
537	537	15 for the issuance of a RCRA permit.
538	538	16 In the case of a permit to operate a hazardous waste or PCB
539	539	17 incinerator as defined in subsection (k) of Section 44, the
540	540	18 Agency shall require, as a condition of the permit, that the
541	541	19 operator of the facility perform such analyses of the waste to
542	542	20 be incinerated as may be necessary and appropriate to ensure
543	543	21 the safe operation of the incinerator.
544	544	22 The Agency shall adopt filing requirements and procedures
545	545	23 which are necessary and appropriate for the issuance of RCRA
546	546	24 permits, and which are consistent with the Act or regulations
547	547	25 adopted by the Board, and with the Resource Conservation and
548	548	26 Recovery Act of 1976 (P.L. 94-580), as amended, and
549	549
550	550
551	551
552	552
553	553
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555	555
556	556
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558	558	HB1608 - 15 - LRB104 08109 BDA 18155 b
559	559	1 regulations pursuant thereto.
560	560	2 The applicant shall make available to the public for
561	561	3 inspection all documents submitted by the applicant to the
562	562	4 Agency in furtherance of an application, with the exception of
563	563	5 trade secrets, at the office of the county board or governing
564	564	6 body of the municipality. Such documents may be copied upon
565	565	7 payment of the actual cost of reproduction during regular
566	566	8 business hours of the local office. The Agency shall issue a
567	567	9 written statement concurrent with its grant or denial of the
568	568	10 permit explaining the basis for its decision.
569	569	11 (e) The Agency may issue UIC permits exclusively under
570	570	12 this subsection to persons owning or operating a facility for
571	571	13 the underground injection of contaminants as defined under
572	572	14 this Act.
573	573	15 All UIC permits shall contain those terms and conditions,
574	574	16 including, but not limited to, schedules of compliance, which
575	575	17 may be required to accomplish the purposes and provisions of
576	576	18 this Act. The Agency may include among such conditions
577	577	19 standards and other requirements established under this Act,
578	578	20 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
579	579	21 as amended, and regulations pursuant thereto, and may include
580	580	22 schedules for achieving compliance therewith. The Agency shall
581	581	23 require that a performance bond or other security be provided
582	582	24 as a condition for the issuance of a UIC permit.
583	583	25 The Agency shall adopt filing requirements and procedures
584	584	26 which are necessary and appropriate for the issuance of UIC
585	585
586	586
587	587
588	588
589	589
590	590	HB1608 - 15 - LRB104 08109 BDA 18155 b
591	591
592	592
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594	594	HB1608 - 16 - LRB104 08109 BDA 18155 b
595	595	1 permits, and which are consistent with the Act or regulations
596	596	2 adopted by the Board, and with the Safe Drinking Water Act
597	597	3 (P.L. 93-523), as amended, and regulations pursuant thereto.
598	598	4 The applicant shall make available to the public for
599	599	5 inspection all documents submitted by the applicant to the
600	600	6 Agency in furtherance of an application, with the exception of
601	601	7 trade secrets, at the office of the county board or governing
602	602	8 body of the municipality. Such documents may be copied upon
603	603	9 payment of the actual cost of reproduction during regular
604	604	10 business hours of the local office. The Agency shall issue a
605	605	11 written statement concurrent with its grant or denial of the
606	606	12 permit explaining the basis for its decision.
607	607	13 (f) In making any determination pursuant to Section 9.1 of
608	608	14 this Act:
609	609	15 (1) The Agency shall have authority to make the
610	610	16 determination of any question required to be determined by
611	611	17 the Clean Air Act, as now or hereafter amended, this Act,
612	612	18 or the regulations of the Board, including the
613	613	19 determination of the Lowest Achievable Emission Rate,
614	614	20 Maximum Achievable Control Technology, or Best Available
615	615	21 Control Technology, consistent with the Board's
616	616	22 regulations, if any.
617	617	23 (2) The Agency shall adopt requirements as necessary
618	618	24 to implement public participation procedures, including,
619	619	25 but not limited to, public notice, comment, and an
620	620	26 opportunity for hearing, which must accompany the
621	621
622	622
623	623
624	624
625	625
626	626	HB1608 - 16 - LRB104 08109 BDA 18155 b
627	627
628	628
629	629	HB1608- 17 -LRB104 08109 BDA 18155 b HB1608 - 17 - LRB104 08109 BDA 18155 b
630	630	HB1608 - 17 - LRB104 08109 BDA 18155 b
631	631	1 processing of applications for PSD permits. The Agency
632	632	2 shall briefly describe and respond to all significant
633	633	3 comments on the draft permit raised during the public
634	634	4 comment period or during any hearing. The Agency may group
635	635	5 related comments together and provide one unified response
636	636	6 for each issue raised.
637	637	7 (3) Any complete permit application submitted to the
638	638	8 Agency under this subsection for a PSD permit shall be
639	639	9 granted or denied by the Agency not later than one year
640	640	10 after the filing of such completed application.
641	641	11 (4) The Agency shall, after conferring with the
642	642	12 applicant, give written notice to the applicant of its
643	643	13 proposed decision on the application, including the terms
644	644	14 and conditions of the permit to be issued and the facts,
645	645	15 conduct, or other basis upon which the Agency will rely to
646	646	16 support its proposed action.
647	647	17 (g) The Agency shall include as conditions upon all
648	648	18 permits issued for hazardous waste disposal sites such
649	649	19 restrictions upon the future use of such sites as are
650	650	20 reasonably necessary to protect public health and the
651	651	21 environment, including permanent prohibition of the use of
652	652	22 such sites for purposes which may create an unreasonable risk
653	653	23 of injury to human health or to the environment. After
654	654	24 administrative and judicial challenges to such restrictions
655	655	25 have been exhausted, the Agency shall file such restrictions
656	656	26 of record in the Office of the Recorder of the county in which
657	657
658	658
659	659
660	660
661	661
662	662	HB1608 - 17 - LRB104 08109 BDA 18155 b
663	663
664	664
665	665	HB1608- 18 -LRB104 08109 BDA 18155 b HB1608 - 18 - LRB104 08109 BDA 18155 b
666	666	HB1608 - 18 - LRB104 08109 BDA 18155 b
667	667	1 the hazardous waste disposal site is located.
668	668	2 (h) A hazardous waste stream may not be deposited in a
669	669	3 permitted hazardous waste site unless specific authorization
670	670	4 is obtained from the Agency by the generator and disposal site
671	671	5 owner and operator for the deposit of that specific hazardous
672	672	6 waste stream. The Agency may grant specific authorization for
673	673	7 disposal of hazardous waste streams only after the generator
674	674	8 has reasonably demonstrated that, considering technological
675	675	9 feasibility and economic reasonableness, the hazardous waste
676	676	10 cannot be reasonably recycled for reuse, nor incinerated or
677	677	11 chemically, physically, or biologically treated so as to
678	678	12 neutralize the hazardous waste and render it nonhazardous. In
679	679	13 granting authorization under this Section, the Agency may
680	680	14 impose such conditions as may be necessary to accomplish the
681	681	15 purposes of the Act and are consistent with this Act and
682	682	16 regulations promulgated by the Board hereunder. If the Agency
683	683	17 refuses to grant authorization under this Section, the
684	684	18 applicant may appeal as if the Agency refused to grant a
685	685	19 permit, pursuant to the provisions of subsection (a) of
686	686	20 Section 40 of this Act. For purposes of this subsection (h),
687	687	21 the term "generator" has the meaning given in Section 3.205 of
688	688	22 this Act, unless: (1) the hazardous waste is treated,
689	689	23 incinerated, or partially recycled for reuse prior to
690	690	24 disposal, in which case the last person who treats,
691	691	25 incinerates, or partially recycles the hazardous waste prior
692	692	26 to disposal is the generator; or (2) the hazardous waste is
693	693
694	694
695	695
696	696
697	697
698	698	HB1608 - 18 - LRB104 08109 BDA 18155 b
699	699
700	700
701	701	HB1608- 19 -LRB104 08109 BDA 18155 b HB1608 - 19 - LRB104 08109 BDA 18155 b
702	702	HB1608 - 19 - LRB104 08109 BDA 18155 b
703	703	1 from a response action, in which case the person performing
704	704	2 the response action is the generator. This subsection (h) does
705	705	3 not apply to any hazardous waste that is restricted from land
706	706	4 disposal under 35 Ill. Adm. Code 728.
707	707	5 (i) Before issuing any RCRA permit, any permit for a waste
708	708	6 storage site, sanitary landfill, waste disposal site, waste
709	709	7 transfer station, waste treatment facility, waste incinerator,
710	710	8 or any waste-transportation operation, any permit or interim
711	711	9 authorization for a clean construction or demolition debris
712	712	10 fill operation, or any permit required under subsection (d-5)
713	713	11 of Section 55, the Agency shall conduct an evaluation of the
714	714	12 prospective owner's or operator's prior experience in waste
715	715	13 management operations, clean construction or demolition debris
716	716	14 fill operations, and tire storage site management. The Agency
717	717	15 may deny such a permit, or deny or revoke interim
718	718	16 authorization, if the prospective owner or operator or any
719	719	17 employee or officer of the prospective owner or operator has a
720	720	18 history of:
721	721	19 (1) repeated violations of federal, State, or local
722	722	20 laws, regulations, standards, or ordinances in the
723	723	21 operation of waste management facilities or sites, clean
724	724	22 construction or demolition debris fill operation
725	725	23 facilities or sites, or tire storage sites; or
726	726	24 (2) conviction in this or another State of any crime
727	727	25 which is a felony under the laws of this State, or
728	728	26 conviction of a felony in a federal court; or conviction
729	729
730	730
731	731
732	732
733	733
734	734	HB1608 - 19 - LRB104 08109 BDA 18155 b
735	735
736	736
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738	738	HB1608 - 20 - LRB104 08109 BDA 18155 b
739	739	1 in this or another state or federal court of any of the
740	740	2 following crimes: forgery, official misconduct, bribery,
741	741	3 perjury, or knowingly submitting false information under
742	742	4 any environmental law, regulation, or permit term or
743	743	5 condition; or
744	744	6 (3) proof of gross carelessness or incompetence in
745	745	7 handling, storing, processing, transporting, or disposing
746	746	8 of waste, clean construction or demolition debris, or used
747	747	9 or waste tires, or proof of gross carelessness or
748	748	10 incompetence in using clean construction or demolition
749	749	11 debris as fill.
750	750	12 (i-5) Before issuing any permit or approving any interim
751	751	13 authorization for a clean construction or demolition debris
752	752	14 fill operation in which any ownership interest is transferred
753	753	15 between January 1, 2005, and the effective date of the
754	754	16 prohibition set forth in Section 22.52 of this Act, the Agency
755	755	17 shall conduct an evaluation of the operation if any previous
756	756	18 activities at the site or facility may have caused or allowed
757	757	19 contamination of the site. It shall be the responsibility of
758	758	20 the owner or operator seeking the permit or interim
759	759	21 authorization to provide to the Agency all of the information
760	760	22 necessary for the Agency to conduct its evaluation. The Agency
761	761	23 may deny a permit or interim authorization if previous
762	762	24 activities at the site may have caused or allowed
763	763	25 contamination at the site, unless such contamination is
764	764	26 authorized under any permit issued by the Agency.
765	765
766	766
767	767
768	768
769	769
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771	771
772	772
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774	774	HB1608 - 21 - LRB104 08109 BDA 18155 b
775	775	1 (j) The issuance under this Act of a permit to engage in
776	776	2 the surface mining of any resources other than fossil fuels
777	777	3 shall not relieve the permittee from its duty to comply with
778	778	4 any applicable local law regulating the commencement,
779	779	5 location, or operation of surface mining facilities.
780	780	6 (k) A development permit issued under subsection (a) of
781	781	7 Section 39 for any facility or site which is required to have a
782	782	8 permit under subsection (d) of Section 21 shall expire at the
783	783	9 end of 2 calendar years from the date upon which it was issued,
784	784	10 unless within that period the applicant has taken action to
785	785	11 develop the facility or the site. In the event that review of
786	786	12 the conditions of the development permit is sought pursuant to
787	787	13 Section 40 or 41, or permittee is prevented from commencing
788	788	14 development of the facility or site by any other litigation
789	789	15 beyond the permittee's control, such two-year period shall be
790	790	16 deemed to begin on the date upon which such review process or
791	791	17 litigation is concluded.
792	792	18 (l) No permit shall be issued by the Agency under this Act
793	793	19 for construction or operation of any facility or site located
794	794	20 within the boundaries of any setback zone established pursuant
795	795	21 to this Act, where such construction or operation is
796	796	22 prohibited.
797	797	23 (m) The Agency may issue permits to persons owning or
798	798	24 operating a facility for composting landscape waste. In
799	799	25 granting such permits, the Agency may impose such conditions
800	800	26 as may be necessary to accomplish the purposes of this Act, and
801	801
802	802
803	803
804	804
805	805
806	806	HB1608 - 21 - LRB104 08109 BDA 18155 b
807	807
808	808
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810	810	HB1608 - 22 - LRB104 08109 BDA 18155 b
811	811	1 as are not inconsistent with applicable regulations
812	812	2 promulgated by the Board. Except as otherwise provided in this
813	813	3 Act, a bond or other security shall not be required as a
814	814	4 condition for the issuance of a permit. If the Agency denies
815	815	5 any permit pursuant to this subsection, the Agency shall
816	816	6 transmit to the applicant within the time limitations of this
817	817	7 subsection specific, detailed statements as to the reasons the
818	818	8 permit application was denied. Such statements shall include
819	819	9 but not be limited to the following:
820	820	10 (1) the Sections of this Act that may be violated if
821	821	11 the permit were granted;
822	822	12 (2) the specific regulations promulgated pursuant to
823	823	13 this Act that may be violated if the permit were granted;
824	824	14 (3) the specific information, if any, the Agency deems
825	825	15 the applicant did not provide in its application to the
826	826	16 Agency; and
827	827	17 (4) a statement of specific reasons why the Act and
828	828	18 the regulations might be violated if the permit were
829	829	19 granted.
830	830	20 If no final action is taken by the Agency within 90 days
831	831	21 after the filing of the application for permit, the applicant
832	832	22 may deem the permit issued. Any applicant for a permit may
833	833	23 waive the 90-day limitation by filing a written statement with
834	834	24 the Agency.
835	835	25 The Agency shall issue permits for such facilities upon
836	836	26 receipt of an application that includes a legal description of
837	837
838	838
839	839
840	840
841	841
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843	843
844	844
845	845	HB1608- 23 -LRB104 08109 BDA 18155 b HB1608 - 23 - LRB104 08109 BDA 18155 b
846	846	HB1608 - 23 - LRB104 08109 BDA 18155 b
847	847	1 the site, a topographic map of the site drawn to the scale of
848	848	2 200 feet to the inch or larger, a description of the operation,
849	849	3 including the area served, an estimate of the volume of
850	850	4 materials to be processed, and documentation that:
851	851	5 (1) the facility includes a setback of at least 200
852	852	6 feet from the nearest potable water supply well;
853	853	7 (2) the facility is located outside the boundary of
854	854	8 the 10-year floodplain or the site will be floodproofed;
855	855	9 (3) the facility is located so as to minimize
856	856	10 incompatibility with the character of the surrounding
857	857	11 area, including at least a 200 foot setback from any
858	858	12 residence, and in the case of a facility that is developed
859	859	13 or the permitted composting area of which is expanded
860	860	14 after November 17, 1991, the composting area is located at
861	861	15 least 1/8 mile from the nearest residence (other than a
862	862	16 residence located on the same property as the facility);
863	863	17 (4) the design of the facility will prevent any
864	864	18 compost material from being placed within 5 feet of the
865	865	19 water table, will adequately control runoff from the site,
866	866	20 and will collect and manage any leachate that is generated
867	867	21 on the site;
868	868	22 (5) the operation of the facility will include
869	869	23 appropriate dust and odor control measures, limitations on
870	870	24 operating hours, appropriate noise control measures for
871	871	25 shredding, chipping and similar equipment, management
872	872	26 procedures for composting, containment and disposal of
873	873
874	874
875	875
876	876
877	877
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879	879
880	880
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882	882	HB1608 - 24 - LRB104 08109 BDA 18155 b
883	883	1 non-compostable wastes, procedures to be used for
884	884	2 terminating operations at the site, and recordkeeping
885	885	3 sufficient to document the amount of materials received,
886	886	4 composted, and otherwise disposed of; and
887	887	5 (6) the operation will be conducted in accordance with
888	888	6 any applicable rules adopted by the Board.
889	889	7 The Agency shall issue renewable permits of not longer
890	890	8 than 10 years in duration for the composting of landscape
891	891	9 wastes, as defined in Section 3.155 of this Act, based on the
892	892	10 above requirements.
893	893	11 The operator of any facility permitted under this
894	894	12 subsection (m) must submit a written annual statement to the
895	895	13 Agency on or before April 1 of each year that includes an
896	896	14 estimate of the amount of material, in tons, received for
897	897	15 composting.
898	898	16 (n) The Agency shall issue permits jointly with the
899	899	17 Department of Transportation for the dredging or deposit of
900	900	18 material in Lake Michigan in accordance with Section 18 of the
901	901	19 Rivers, Lakes, and Streams Act.
902	902	20 (o) (Blank).
903	903	21 (p) (1) Any person submitting an application for a permit
904	904	22 for a new MSWLF unit or for a lateral expansion under
905	905	23 subsection (t) of Section 21 of this Act for an existing MSWLF
906	906	24 unit that has not received and is not subject to local siting
907	907	25 approval under Section 39.2 of this Act shall publish notice
908	908	26 of the application in a newspaper of general circulation in
909	909
910	910
911	911
912	912
913	913
914	914	HB1608 - 24 - LRB104 08109 BDA 18155 b
915	915
916	916
917	917	HB1608- 25 -LRB104 08109 BDA 18155 b HB1608 - 25 - LRB104 08109 BDA 18155 b
918	918	HB1608 - 25 - LRB104 08109 BDA 18155 b
919	919	1 the county in which the MSWLF unit is or is proposed to be
920	920	2 located. The notice must be published at least 15 days before
921	921	3 submission of the permit application to the Agency. The notice
922	922	4 shall state the name and address of the applicant, the
923	923	5 location of the MSWLF unit or proposed MSWLF unit, the nature
924	924	6 and size of the MSWLF unit or proposed MSWLF unit, the nature
925	925	7 of the activity proposed, the probable life of the proposed
926	926	8 activity, the date the permit application will be submitted,
927	927	9 and a statement that persons may file written comments with
928	928	10 the Agency concerning the permit application within 30 days
929	929	11 after the filing of the permit application unless the time
930	930	12 period to submit comments is extended by the Agency.
931	931	13 When a permit applicant submits information to the Agency
932	932	14 to supplement a permit application being reviewed by the
933	933	15 Agency, the applicant shall not be required to reissue the
934	934	16 notice under this subsection.
935	935	17 (2) The Agency shall accept written comments concerning
936	936	18 the permit application that are postmarked no later than 30
937	937	19 days after the filing of the permit application, unless the
938	938	20 time period to accept comments is extended by the Agency.
939	939	21 (3) Each applicant for a permit described in part (1) of
940	940	22 this subsection shall file a copy of the permit application
941	941	23 with the county board or governing body of the municipality in
942	942	24 which the MSWLF unit is or is proposed to be located at the
943	943	25 same time the application is submitted to the Agency. The
944	944	26 permit application filed with the county board or governing
945	945
946	946
947	947
948	948
949	949
950	950	HB1608 - 25 - LRB104 08109 BDA 18155 b
951	951
952	952
953	953	HB1608- 26 -LRB104 08109 BDA 18155 b HB1608 - 26 - LRB104 08109 BDA 18155 b
954	954	HB1608 - 26 - LRB104 08109 BDA 18155 b
955	955	1 body of the municipality shall include all documents submitted
956	956	2 to or to be submitted to the Agency, except trade secrets as
957	957	3 determined under Section 7.1 of this Act. The permit
958	958	4 application and other documents on file with the county board
959	959	5 or governing body of the municipality shall be made available
960	960	6 for public inspection during regular business hours at the
961	961	7 office of the county board or the governing body of the
962	962	8 municipality and may be copied upon payment of the actual cost
963	963	9 of reproduction.
964	964	10 (q) Within 6 months after July 12, 2011 (the effective
965	965	11 date of Public Act 97-95), the Agency, in consultation with
966	966	12 the regulated community, shall develop a web portal to be
967	967	13 posted on its website for the purpose of enhancing review and
968	968	14 promoting timely issuance of permits required by this Act. At
969	969	15 a minimum, the Agency shall make the following information
970	970	16 available on the web portal:
971	971	17 (1) Checklists and guidance relating to the completion
972	972	18 of permit applications, developed pursuant to subsection
973	973	19 (s) of this Section, which may include, but are not
974	974	20 limited to, existing instructions for completing the
975	975	21 applications and examples of complete applications. As the
976	976	22 Agency develops new checklists and develops guidance, it
977	977	23 shall supplement the web portal with those materials.
978	978	24 (2) Within 2 years after July 12, 2011 (the effective
979	979	25 date of Public Act 97-95), permit application forms or
980	980	26 portions of permit applications that can be completed and
981	981
982	982
983	983
984	984
985	985
986	986	HB1608 - 26 - LRB104 08109 BDA 18155 b
987	987
988	988
989	989	HB1608- 27 -LRB104 08109 BDA 18155 b HB1608 - 27 - LRB104 08109 BDA 18155 b
990	990	HB1608 - 27 - LRB104 08109 BDA 18155 b
991	991	1 saved electronically, and submitted to the Agency
992	992	2 electronically with digital signatures.
993	993	3 (3) Within 2 years after July 12, 2011 (the effective
994	994	4 date of Public Act 97-95), an online tracking system where
995	995	5 an applicant may review the status of its pending
996	996	6 application, including the name and contact information of
997	997	7 the permit analyst assigned to the application. Until the
998	998	8 online tracking system has been developed, the Agency
999	999	9 shall post on its website semi-annual permitting
1000	1000	10 efficiency tracking reports that include statistics on the
1001	1001	11 timeframes for Agency action on the following types of
1002	1002	12 permits received after July 12, 2011 (the effective date
1003	1003	13 of Public Act 97-95): air construction permits, new NPDES
1004	1004	14 permits and associated water construction permits, and
1005	1005	15 modifications of major NPDES permits and associated water
1006	1006	16 construction permits. The reports must be posted by
1007	1007	17 February 1 and August 1 each year and shall include:
1008	1008	18 (A) the number of applications received for each
1009	1009	19 type of permit, the number of applications on which
1010	1010	20 the Agency has taken action, and the number of
1011	1011	21 applications still pending; and
1012	1012	22 (B) for those applications where the Agency has
1013	1013	23 not taken action in accordance with the timeframes set
1014	1014	24 forth in this Act, the date the application was
1015	1015	25 received and the reasons for any delays, which may
1016	1016	26 include, but shall not be limited to, (i) the
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022	HB1608 - 27 - LRB104 08109 BDA 18155 b
1023	1023
1024	1024
1025	1025	HB1608- 28 -LRB104 08109 BDA 18155 b HB1608 - 28 - LRB104 08109 BDA 18155 b
1026	1026	HB1608 - 28 - LRB104 08109 BDA 18155 b
1027	1027	1 application being inadequate or incomplete, (ii)
1028	1028	2 scientific or technical disagreements with the
1029	1029	3 applicant, USEPA, or other local, state, or federal
1030	1030	4 agencies involved in the permitting approval process,
1031	1031	5 (iii) public opposition to the permit, or (iv) Agency
1032	1032	6 staffing shortages. To the extent practicable, the
1033	1033	7 tracking report shall provide approximate dates when
1034	1034	8 cause for delay was identified by the Agency, when the
1035	1035	9 Agency informed the applicant of the problem leading
1036	1036	10 to the delay, and when the applicant remedied the
1037	1037	11 reason for the delay.
1038	1038	12 (r) Upon the request of the applicant, the Agency shall
1039	1039	13 notify the applicant of the permit analyst assigned to the
1040	1040	14 application upon its receipt.
1041	1041	15 (s) The Agency is authorized to prepare and distribute
1042	1042	16 guidance documents relating to its administration of this
1043	1043	17 Section and procedural rules implementing this Section.
1044	1044	18 Guidance documents prepared under this subsection shall not be
1045	1045	19 considered rules and shall not be subject to the Illinois
1046	1046	20 Administrative Procedure Act. Such guidance shall not be
1047	1047	21 binding on any party.
1048	1048	22 (t) Except as otherwise prohibited by federal law or
1049	1049	23 regulation, any person submitting an application for a permit
1050	1050	24 may include with the application suggested permit language for
1051	1051	25 Agency consideration. The Agency is not obligated to use the
1052	1052	26 suggested language or any portion thereof in its permitting
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058	HB1608 - 28 - LRB104 08109 BDA 18155 b
1059	1059
1060	1060
1061	1061	HB1608- 29 -LRB104 08109 BDA 18155 b HB1608 - 29 - LRB104 08109 BDA 18155 b
1062	1062	HB1608 - 29 - LRB104 08109 BDA 18155 b
1063	1063	1 decision. If requested by the permit applicant, the Agency
1064	1064	2 shall meet with the applicant to discuss the suggested
1065	1065	3 language.
1066	1066	4 (u) If requested by the permit applicant, the Agency shall
1067	1067	5 provide the permit applicant with a copy of the draft permit
1068	1068	6 prior to any public review period.
1069	1069	7 (v) If requested by the permit applicant, the Agency shall
1070	1070	8 provide the permit applicant with a copy of the final permit
1071	1071	9 prior to its issuance.
1072	1072	10 (w) An air pollution permit shall not be required due to
1073	1073	11 emissions of greenhouse gases, as specified by Section 9.15 of
1074	1074	12 this Act.
1075	1075	13 (x) If, before the expiration of a State operating permit
1076	1076	14 that is issued pursuant to subsection (a) of this Section and
1077	1077	15 contains federally enforceable conditions limiting the
1078	1078	16 potential to emit of the source to a level below the major
1079	1079	17 source threshold for that source so as to exclude the source
1080	1080	18 from the Clean Air Act Permit Program, the Agency receives a
1081	1081	19 complete application for the renewal of that permit, then all
1082	1082	20 of the terms and conditions of the permit shall remain in
1083	1083	21 effect until final administrative action has been taken on the
1084	1084	22 application for the renewal of the permit.
1085	1085	23 (y) The Agency may issue permits exclusively under this
1086	1086	24 subsection to persons owning or operating a CCR surface
1087	1087	25 impoundment subject to Section 22.59.
1088	1088	26 All CCR surface impoundment permits shall contain those
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093
1094	1094	HB1608 - 29 - LRB104 08109 BDA 18155 b
1095	1095
1096	1096
1097	1097	HB1608- 30 -LRB104 08109 BDA 18155 b HB1608 - 30 - LRB104 08109 BDA 18155 b
1098	1098	HB1608 - 30 - LRB104 08109 BDA 18155 b
1099	1099	1 terms and conditions, including, but not limited to, schedules
1100	1100	2 of compliance, which may be required to accomplish the
1101	1101	3 purposes and provisions of this Act, Board regulations, the
1102	1102	4 Illinois Groundwater Protection Act and regulations pursuant
1103	1103	5 thereto, and the Resource Conservation and Recovery Act and
1104	1104	6 regulations pursuant thereto, and may include schedules for
1105	1105	7 achieving compliance therewith as soon as possible.
1106	1106	8 The Board shall adopt filing requirements and procedures
1107	1107	9 that are necessary and appropriate for the issuance of CCR
1108	1108	10 surface impoundment permits and that are consistent with this
1109	1109	11 Act or regulations adopted by the Board, and with the RCRA, as
1110	1110	12 amended, and regulations pursuant thereto.
1111	1111	13 The applicant shall make available to the public for
1112	1112	14 inspection all documents submitted by the applicant to the
1113	1113	15 Agency in furtherance of an application, with the exception of
1114	1114	16 trade secrets, on its public internet website as well as at the
1115	1115	17 office of the county board or governing body of the
1116	1116	18 municipality where CCR from the CCR surface impoundment will
1117	1117	19 be permanently disposed. Such documents may be copied upon
1118	1118	20 payment of the actual cost of reproduction during regular
1119	1119	21 business hours of the local office.
1120	1120	22 The Agency shall issue a written statement concurrent with
1121	1121	23 its grant or denial of the permit explaining the basis for its
1122	1122	24 decision.
1123	1123	25 (z) If a mass animal mortality event is declared by the
1124	1124	26 Department of Agriculture in accordance with the Animal
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130	HB1608 - 30 - LRB104 08109 BDA 18155 b
1131	1131
1132	1132
1133	1133	HB1608- 31 -LRB104 08109 BDA 18155 b HB1608 - 31 - LRB104 08109 BDA 18155 b
1134	1134	HB1608 - 31 - LRB104 08109 BDA 18155 b
1135	1135	1 Mortality Act:
1136	1136	2 (1) the owner or operator responsible for the disposal
1137	1137	3 of dead animals is exempted from the following:
1138	1138	4 (i) obtaining a permit for the construction,
1139	1139	5 installation, or operation of any type of facility or
1140	1140	6 equipment issued in accordance with subsection (a) of
1141	1141	7 this Section;
1142	1142	8 (ii) obtaining a permit for open burning in
1143	1143	9 accordance with the rules adopted by the Board; and
1144	1144	10 (iii) registering the disposal of dead animals as
1145	1145	11 an eligible small source with the Agency in accordance
1146	1146	12 with Section 9.14 of this Act;
1147	1147	13 (2) as applicable, the owner or operator responsible
1148	1148	14 for the disposal of dead animals is required to obtain the
1149	1149	15 following permits:
1150	1150	16 (i) an NPDES permit in accordance with subsection
1151	1151	17 (b) of this Section;
1152	1152	18 (ii) a PSD permit or an NA NSR permit in accordance
1153	1153	19 with Section 9.1 of this Act;
1154	1154	20 (iii) a lifetime State operating permit or a
1155	1155	21 federally enforceable State operating permit, in
1156	1156	22 accordance with subsection (a) of this Section; or
1157	1157	23 (iv) a CAAPP permit, in accordance with Section
1158	1158	24 39.5 of this Act.
1159	1159	25 All CCR surface impoundment permits shall contain those
1160	1160	26 terms and conditions, including, but not limited to, schedules
1161	1161
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166	HB1608 - 31 - LRB104 08109 BDA 18155 b
1167	1167
1168	1168
1169	1169	HB1608- 32 -LRB104 08109 BDA 18155 b HB1608 - 32 - LRB104 08109 BDA 18155 b
1170	1170	HB1608 - 32 - LRB104 08109 BDA 18155 b
1171	1171	1 of compliance, which may be required to accomplish the
1172	1172	2 purposes and provisions of this Act, Board regulations, the
1173	1173	3 Illinois Groundwater Protection Act and regulations pursuant
1174	1174	4 thereto, and the Resource Conservation and Recovery Act and
1175	1175	5 regulations pursuant thereto, and may include schedules for
1176	1176	6 achieving compliance therewith as soon as possible.
1177	1177	7 The Board shall adopt filing requirements and procedures
1178	1178	8 that are necessary and appropriate for the issuance of CCR
1179	1179	9 surface impoundment permits and that are consistent with this
1180	1180	10 Act or regulations adopted by the Board, and with the RCRA, as
1181	1181	11 amended, and regulations pursuant thereto.
1182	1182	12 The applicant shall make available to the public for
1183	1183	13 inspection all documents submitted by the applicant to the
1184	1184	14 Agency in furtherance of an application, with the exception of
1185	1185	15 trade secrets, on its public internet website as well as at the
1186	1186	16 office of the county board or governing body of the
1187	1187	17 municipality where CCR from the CCR surface impoundment will
1188	1188	18 be permanently disposed. Such documents may be copied upon
1189	1189	19 payment of the actual cost of reproduction during regular
1190	1190	20 business hours of the local office.
1191	1191	21 The Agency shall issue a written statement concurrent with
1192	1192	22 its grant or denial of the permit explaining the basis for its
1193	1193	23 decision.
1194	1194	24 (aa) The Agency shall not issue any of the following
1195	1195	25 construction permits unless the applicant for the permit
1196	1196	26 submits to the Agency with its permit application proof that
1197	1197
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202	HB1608 - 32 - LRB104 08109 BDA 18155 b
1203	1203
1204	1204
1205	1205	HB1608- 33 -LRB104 08109 BDA 18155 b HB1608 - 33 - LRB104 08109 BDA 18155 b
1206	1206	HB1608 - 33 - LRB104 08109 BDA 18155 b
1207	1207	1 the permit applicant has conducted a public meeting pursuant
1208	1208	2 to this subsection (aa) and submitted an environmental justice
1209	1209	3 assessment pursuant to subsection (bb): (i) a construction
1210	1210	4 permit for a new source that is to be located in an
1211	1211	5 environmental justice community, that will require a CAAPP
1212	1212	6 permit or a federally enforceable State operating permit, and
1213	1213	7 that would be authorized under that permit to increase annual
1214	1214	8 permitted emissions; (ii) a construction permit for any
1215	1215	9 existing source that is located in an environmental justice
1216	1216	10 community, that, on the effective date of this amendatory Act
1217	1217	11 of the 104th General Assembly, possesses a CAAPP permit or
1218	1218	12 federally enforceable State operating permit, and that would
1219	1219	13 be authorized under that permit to increase annual permitted
1220	1220	14 emissions; or (iii) a construction permit for any existing
1221	1221	15 source that is located in an environmental justice community,
1222	1222	16 that would require a new CAAPP permit or new federally
1223	1223	17 enforceable State operating permit for the first time, and
1224	1224	18 that would be authorized under that permit to increase annual
1225	1225	19 permitted emissions. This subsection (aa) also applies to
1226	1226	20 permit applications for modifications or expansions to
1227	1227	21 existing sources that will result in an increase in the hourly
1228	1228	22 rate of emissions or the total annual emissions of any air
1229	1229	23 pollutant. The public meeting required under this subsection
1230	1230	24 (aa) shall be held within the environmental justice community
1231	1231	25 where the proposed source is located or to be located, and the
1232	1232	26 applicant shall collect public comments at the meeting.
1233	1233
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238	HB1608 - 33 - LRB104 08109 BDA 18155 b
1239	1239
1240	1240
1241	1241	HB1608- 34 -LRB104 08109 BDA 18155 b HB1608 - 34 - LRB104 08109 BDA 18155 b
1242	1242	HB1608 - 34 - LRB104 08109 BDA 18155 b
1243	1243	1 (1) Notice of the public meeting shall be provided 30
1244	1244	2 days in advance to:
1245	1245	3 (A) local elected officials in the area where the
1246	1246	4 proposed source is to be located, including the mayor
1247	1247	5 or village president, municipal clerk, county board
1248	1248	6 chairman, county clerk, and State's Attorney;
1249	1249	7 (B) members of the General Assembly from the
1250	1250	8 legislative district in which the proposed source is
1251	1251	9 to be located; and
1252	1252	10 (C) directors of child care centers licensed by
1253	1253	11 the Department of Children and Family Services, school
1254	1254	12 principals, and public park superintendents who
1255	1255	13 oversee facilities located within one mile of the
1256	1256	14 proposed source.
1257	1257	15 (2) Notice of the public meeting shall be published in
1258	1258	16 a newspaper of general circulation.
1259	1259	17 (3) Notice of the public meeting shall be posted on a
1260	1260	18 website of the applicant with a link provided to the
1261	1261	19 Agency for posting on the Agency's website.
1262	1262	20 (4) Notice of the public meeting shall include all of
1263	1263	21 the following:
1264	1264	22 (A) the name and address of the applicant and the
1265	1265	23 proposed source;
1266	1266	24 (B) the activity or activities at the proposed
1267	1267	25 source to be permitted;
1268	1268	26 (C) the proposed source's anticipated potential to
1269	1269
1270	1270
1271	1271
1272	1272
1273	1273
1274	1274	HB1608 - 34 - LRB104 08109 BDA 18155 b
1275	1275
1276	1276
1277	1277	HB1608- 35 -LRB104 08109 BDA 18155 b HB1608 - 35 - LRB104 08109 BDA 18155 b
1278	1278	HB1608 - 35 - LRB104 08109 BDA 18155 b
1279	1279	1 emit and allowable emissions of regulated pollutants;
1280	1280	2 (D) the date, time, and location of the public
1281	1281	3 meeting;
1282	1282	4 (E) the deadline for submission of written
1283	1283	5 comments;
1284	1284	6 (F) the mailing address or email address where
1285	1285	7 written comments can be submitted; and
1286	1286	8 (G) the website where the summary of the
1287	1287	9 environmental justice assessment required under
1288	1288	10 subsection (bb) can be accessed.
1289	1289	11 (5) If the population of individuals who reside within
1290	1290	12 one mile of the source includes individuals within a
1291	1291	13 linguistically isolated community, then the applicant
1292	1292	14 shall provide the public notice in a multilingual format
1293	1293	15 appropriate to the needs of the linguistically isolated
1294	1294	16 community and shall provide oral and written translation
1295	1295	17 services at the public meeting.
1296	1296	18 At the public meeting, the applicant shall present a
1297	1297	19 summary of the environmental justice assessment required under
1298	1298	20 subsection (bb).
1299	1299	21 The applicant must accept written public comments from the
1300	1300	22 date public notice of the meeting is provided until at least 30
1301	1301	23 days after the date of the public meeting.
1302	1302	24 The applicant must provide with its permit application a
1303	1303	25 copy of the meeting notice and a certification, under penalty
1304	1304	26 of law, signed by a responsible official for the permit
1305	1305
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310	HB1608 - 35 - LRB104 08109 BDA 18155 b
1311	1311
1312	1312
1313	1313	HB1608- 36 -LRB104 08109 BDA 18155 b HB1608 - 36 - LRB104 08109 BDA 18155 b
1314	1314	HB1608 - 36 - LRB104 08109 BDA 18155 b
1315	1315	1 applicant attesting (i) to the fact that a public meeting was
1316	1316	2 held, (ii) to the information that was provided by the
1317	1317	3 applicant at the public meeting, and (iii) that the applicant
1318	1318	4 collected written comments and transcribed oral public
1319	1319	5 comments in accordance with the requirements of this
1320	1320	6 subsection (aa).
1321	1321	7 The failure of the applicant to comply with the express
1322	1322	8 procedural requirements under this subsection (aa) shall
1323	1323	9 result in denial of a permit application submitted to the
1324	1324	10 Agency.
1325	1325	11 The Agency may propose and the Board may adopt rules
1326	1326	12 regarding the implementation of this subsection (aa).
1327	1327	13 (bb) The Agency shall not issue any of the construction
1328	1328	14 permits described in subsection (aa) unless the applicant for
1329	1329	15 the permit submits to the Agency with its permit application
1330	1330	16 proof that the permit applicant has conducted an environmental
1331	1331	17 justice assessment for the proposed project. The environmental
1332	1332	18 justice assessment shall consist of the following:
1333	1333	19 (1) Air dispersion modeling examining the air
1334	1334	20 quality-related impacts from the proposed project in
1335	1335	21 combination with existing mobile and stationary air
1336	1336	22 pollutant emitting sources.
1337	1337	23 The air dispersion modeling must address emissions
1338	1338	24 associated with issuance of the permit.
1339	1339	25 If the air dispersion modeling reveals estimated off-site
1340	1340	26 impacts from the proposed project, the applicant shall also
1341	1341
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346	HB1608 - 36 - LRB104 08109 BDA 18155 b
1347	1347
1348	1348
1349	1349	HB1608- 37 -LRB104 08109 BDA 18155 b HB1608 - 37 - LRB104 08109 BDA 18155 b
1350	1350	HB1608 - 37 - LRB104 08109 BDA 18155 b
1351	1351	1 identify efforts that will be undertaken by the applicant
1352	1352	2 during the construction or operation of the new source to
1353	1353	3 mitigate such impacts.
1354	1354	4 (2) A modeling protocol submitted to the Agency for review
1355	1355	5 and consideration prior to performance of the air dispersion
1356	1356	6 modeling. The modeling protocol shall include analyses
1357	1357	7 sufficient to evaluate short-term impacts to air quality and
1358	1358	8 impacts to air quality from nonstandard operating conditions,
1359	1359	9 such as worst-case emission estimates under a variety of
1360	1360	10 weather and atmospheric conditions and emissions associated
1361	1361	11 with startup, shutdown, maintenance, and outages. Any Agency
1362	1362	12 recommendations for revisions to the modeling protocol shall
1363	1363	13 be provided in writing to the applicant within 120 days after
1364	1364	14 receipt of the modeling protocol. The modeling shall be
1365	1365	15 performed using accepted USEPA methodologies.
1366	1366	16 (3) An environmental impact review evaluating the direct,
1367	1367	17 indirect, and cumulative environmental impacts within the
1368	1368	18 environmental justice community that are associated with the
1369	1369	19 proposed project. The environmental impact review shall
1370	1370	20 include, but shall not be limited to, the following:
1371	1371	21 (A) a qualitative and quantitative assessment of
1372	1372	22 emissions-related impacts of the project on the area,
1373	1373	23 including an estimate of the maximum allowable emissions
1374	1374	24 of criteria pollutants and hazardous air pollutants from
1375	1375	25 the source; and
1376	1376	26 (B) an assessment of the health-based indicators for
1377	1377
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382	HB1608 - 37 - LRB104 08109 BDA 18155 b
1383	1383
1384	1384
1385	1385	HB1608- 38 -LRB104 08109 BDA 18155 b HB1608 - 38 - LRB104 08109 BDA 18155 b
1386	1386	HB1608 - 38 - LRB104 08109 BDA 18155 b
1387	1387	1 inhalation exposure, including, but not limited to,
1388	1388	2 impacts to the respiratory, hematological, neurological,
1389	1389	3 cardiovascular, renal, and hepatic systems and cancer
1390	1390	4 rates.
1391	1391	5 The environmental justice assessment must be completed by
1392	1392	6 an independent third party.
1393	1393	7 If the environmental justice assessment shows that the
1394	1394	8 proposed project will cause harm to the environment or public
1395	1395	9 health, the Agency shall impose conditions in the permit that
1396	1396	10 will mitigate such harm, or it shall deny the permit if such
1397	1397	11 harm is unavoidable and causes or contributes to
1398	1398	12 disproportionate harm.
1399	1399	13 The Agency shall propose and the Board shall adopt rules
1400	1400	14 regarding the implementation of this subsection (bb),
1401	1401	15 including, at a minimum, the type and nature of air dispersion
1402	1402	16 modeling, the contents of the modeling protocol and
1403	1403	17 environmental impact review, and a description of harm and
1404	1404	18 disproportionate harm that may be evidenced by the
1405	1405	19 environmental justice assessment.
1406	1406	20 (cc) The Agency shall not issue any of the following
1407	1407	21 construction permits unless the Agency conducts an evaluation
1408	1408	22 of the prospective owner's or operator's prior experience in
1409	1409	23 owning and operating sources of air pollution: (i) a
1410	1410	24 construction permit for a new source that is to be located in
1411	1411	25 an environmental justice community, that will require a CAAPP
1412	1412	26 permit or a federally enforceable State operating permit, and
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417
1418	1418	HB1608 - 38 - LRB104 08109 BDA 18155 b
1419	1419
1420	1420
1421	1421	HB1608- 39 -LRB104 08109 BDA 18155 b HB1608 - 39 - LRB104 08109 BDA 18155 b
1422	1422	HB1608 - 39 - LRB104 08109 BDA 18155 b
1423	1423	1 that would be authorized under that permit to increase annual
1424	1424	2 permitted emissions; (ii) a construction permit for any
1425	1425	3 existing source that is located in an environmental justice
1426	1426	4 community, that, on the effective date of this amendatory Act
1427	1427	5 of the 104th General Assembly, possesses a CAAPP permit or
1428	1428	6 federally enforceable State operating permit, and that would
1429	1429	7 be authorized under that permit to increase annual permitted
1430	1430	8 emissions; or (iii) a construction permit for any existing
1431	1431	9 source that is located in an environmental justice community,
1432	1432	10 that would require a new CAAPP permit or new federally
1433	1433	11 enforceable State operating permit for the first time, and
1434	1434	12 that would be authorized under that permit to increase annual
1435	1435	13 permitted emissions. The Agency may deny the permit if the
1436	1436	14 prospective owner or operator or any employee or officer of
1437	1437	15 the prospective owner or operator or any board member has a
1438	1438	16 history of:
1439	1439	17 (1) repeated violations of federal, State, or local
1440	1440	18 laws, rules, regulations, standards, or ordinances in the
1441	1441	19 ownership or operation of sources of air pollution;
1442	1442	20 (2) conviction in this State, another state, or
1443	1443	21 federal court of knowingly submitting false information
1444	1444	22 under any environmental law, rule, regulation, or permit
1445	1445	23 term or condition; or
1446	1446	24 (3) proof of gross carelessness or incompetence in the
1447	1447	25 ownership or operation of a source of air pollution.
1448	1448	26 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453
1454	1454	HB1608 - 39 - LRB104 08109 BDA 18155 b
1455	1455
1456	1456
1457	1457	HB1608- 40 -LRB104 08109 BDA 18155 b HB1608 - 40 - LRB104 08109 BDA 18155 b
1458	1458	HB1608 - 40 - LRB104 08109 BDA 18155 b
1459	1459	1 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
1460	1460	2 (415 ILCS 5/39.15 new)
1461	1461	3 Sec. 39.15. Environmental justice considerations in
1462	1462	4 permitting.
1463	1463	5 (a) The following public participation requirements for
1464	1464	6 permitting transactions in an environmental justice community
1465	1465	7 must be complied with:
1466	1466	8 (1) If an application for a permit, permit renewal, or
1467	1467	9 permit modification is subject to public notice and
1468	1468	10 comment requirements under this Act, rules adopted by the
1469	1469	11 Board, or rules adopted by the Agency, and the application
1470	1470	12 is for a facility or source in an environmental justice
1471	1471	13 community, the Agency must comply with existing applicable
1472	1472	14 requirements for public notice.
1473	1473	15 (2) In addition to the public notice requirements
1474	1474	16 referenced in paragraph (1), the Agency shall provide the
1475	1475	17 public with notice of an application for a permit, permit
1476	1476	18 renewal, or permit modification if the facility or
1477	1477	19 proposed facility is located or is to be located in an
1478	1478	20 environmental justice community for individual minor or
1479	1479	21 major NPDES permits issued under subsection (b) of Section
1480	1480	22 39.
1481	1481	23 The public notice shall be provided: (i) by prominent
1482	1482	24 placement at a dedicated page on the Agency's website; (ii) to
1483	1483	25 local elected officials in the area where the facility or
1484	1484
1485	1485
1486	1486
1487	1487
1488	1488
1489	1489	HB1608 - 40 - LRB104 08109 BDA 18155 b
1490	1490
1491	1491
1492	1492	HB1608- 41 -LRB104 08109 BDA 18155 b HB1608 - 41 - LRB104 08109 BDA 18155 b
1493	1493	HB1608 - 41 - LRB104 08109 BDA 18155 b
1494	1494	1 proposed facility is located or is to be located, including
1495	1495	2 the mayor or president, clerk, county board chairman, county
1496	1496	3 clerk, and State's Attorney; and (iii) to members of the
1497	1497	4 General Assembly from the legislative district in which the
1498	1498	5 facility or proposed facility is located or is to be located.
1499	1499	6 The public notice shall include: (i) the name and address
1500	1500	7 of the permit applicant and the facility or proposed facility;
1501	1501	8 and (ii) the activity or activities at the facility or
1502	1502	9 proposed facility being permitted.
1503	1503	10 (b) If the population of individuals who reside within one
1504	1504	11 mile of the site or facility includes individuals within a
1505	1505	12 linguistically isolated community, then the Agency must also
1506	1506	13 provide:
1507	1507	14 (1) all public notices required by this Section in a
1508	1508	15 multilingual format appropriate to the needs of the
1509	1509	16 linguistically isolated community; and
1510	1510	17 (2) oral and written translation services at public
1511	1511	18 hearings.
1512	1512	19 (c) For permit applications for facilities in an
1513	1513	20 environmental justice community, the Director of the Agency
1514	1514	21 may grant extensions of any permitting deadlines established
1515	1515	22 in this Act by up to an additional 180 days to allow for
1516	1516	23 additional review of the permit application by the Agency or
1517	1517	24 additional public participation. Any exercise of this
1518	1518	25 authority shall be provided in writing to the permit applicant
1519	1519	26 with the specific reason and new permitting deadline.
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524
1525	1525	HB1608 - 41 - LRB104 08109 BDA 18155 b
1526	1526
1527	1527
1528	1528	HB1608- 42 -LRB104 08109 BDA 18155 b HB1608 - 42 - LRB104 08109 BDA 18155 b
1529	1529	HB1608 - 42 - LRB104 08109 BDA 18155 b
1530	1530	1 (d) Further, for any of the following construction
1531	1531	2 permits, the Agency shall conduct an evaluation of the
1532	1532	3 prospective owner's or operator's prior experience in owning
1533	1533	4 and operating sources of air pollution: (i) a construction
1534	1534	5 permit for a new source that is to be located in an
1535	1535	6 environmental justice community, that will require a CAAPP
1536	1536	7 permit or a federally enforceable State operating permit, and
1537	1537	8 that would be authorized under that permit to increase annual
1538	1538	9 permitted emissions; (ii) a construction permit for any
1539	1539	10 existing source that is located in an environmental justice
1540	1540	11 community that, on the effective date of this amendatory Act
1541	1541	12 of the 104th General Assembly, possesses a CAAPP permit or
1542	1542	13 federally enforceable State operating permit and that would be
1543	1543	14 authorized under that permit to increase annual permitted
1544	1544	15 emissions; or (iii) a construction permit for any existing
1545	1545	16 source that is located in an environmental justice community
1546	1546	17 that would require a new CAAPP permit or new federally
1547	1547	18 enforceable State operating permit for the first time and that
1548	1548	19 would be authorized under that permit to increase annual
1549	1549	20 permitted emissions. The Agency has the authority to deny such
1550	1550	21 a permit transaction if the prospective owner or operator or
1551	1551	22 any employee or officer of the prospective owner or operator
1552	1552	23 or board member or manager has a history of:
1553	1553	24 (1) repeated violations of federal, State, or local
1554	1554	25 laws, rules, regulations, standards, or ordinances in the
1555	1555	26 ownership or operation of sources of air pollution;
1556	1556
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561	HB1608 - 42 - LRB104 08109 BDA 18155 b
1562	1562
1563	1563
1564	1564	HB1608- 43 -LRB104 08109 BDA 18155 b HB1608 - 43 - LRB104 08109 BDA 18155 b
1565	1565	HB1608 - 43 - LRB104 08109 BDA 18155 b
1566	1566	1 (2) conviction in this State, another state, or
1567	1567	2 federal court of knowingly submitting false information
1568	1568	3 under any law, rule, regulation, or permit term or
1569	1569	4 condition regarding the environment; or
1570	1570	5 (3) proof of gross carelessness or incompetence in the
1571	1571	6 ownership or operation of a source of air pollution.
1572	1572	7 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
1573	1573	8 Sec. 40. Appeal of permit denial.
1574	1574	9 (a)(1) If the Agency refuses to grant or grants with
1575	1575	10 conditions a permit under Section 39 of this Act, the
1576	1576	11 applicant may, within 35 days after the date on which the
1577	1577	12 Agency served its decision on the applicant, petition for a
1578	1578	13 hearing before the Board to contest the decision of the
1579	1579	14 Agency. However, the 35-day period for petitioning for a
1580	1580	15 hearing may be extended for an additional period of time not to
1581	1581	16 exceed 90 days by written notice provided to the Board from the
1582	1582	17 applicant and the Agency within the initial appeal period. The
1583	1583	18 Board shall give 21 days' notice to any person in the county
1584	1584	19 where is located the facility in issue who has requested
1585	1585	20 notice of enforcement proceedings and to each member of the
1586	1586	21 General Assembly in whose legislative district that
1587	1587	22 installation or property is located; and shall publish that
1588	1588	23 21-day notice in a newspaper of general circulation in that
1589	1589	24 county. The Agency shall appear as respondent in such hearing.
1590	1590	25 At such hearing the rules prescribed in Section 32 and
1591	1591
1592	1592
1593	1593
1594	1594
1595	1595
1596	1596	HB1608 - 43 - LRB104 08109 BDA 18155 b
1597	1597
1598	1598
1599	1599	HB1608- 44 -LRB104 08109 BDA 18155 b HB1608 - 44 - LRB104 08109 BDA 18155 b
1600	1600	HB1608 - 44 - LRB104 08109 BDA 18155 b
1601	1601	1 subsection (a) of Section 33 of this Act shall apply, and the
1602	1602	2 burden of proof shall be on the petitioner. If, however, the
1603	1603	3 Agency issues an NPDES permit that imposes limits which are
1604	1604	4 based upon a criterion or denies a permit based upon
1605	1605	5 application of a criterion, then the Agency shall have the
1606	1606	6 burden of going forward with the basis for the derivation of
1607	1607	7 those limits or criterion which were derived under the Board's
1608	1608	8 rules.
1609	1609	9 (2) Except as provided in paragraph (a)(3), if there is no
1610	1610	10 final action by the Board within 120 days after the date on
1611	1611	11 which it received the petition, the petitioner may deem the
1612	1612	12 permit issued under this Act, provided, however, that that
1613	1613	13 period of 120 days shall not run for any period of time, not to
1614	1614	14 exceed 30 days, during which the Board is without sufficient
1615	1615	15 membership to constitute the quorum required by subsection (a)
1616	1616	16 of Section 5 of this Act, and provided further that such 120
1617	1617	17 day period shall not be stayed for lack of quorum beyond 30
1618	1618	18 days regardless of whether the lack of quorum exists at the
1619	1619	19 beginning of such 120-day period or occurs during the running
1620	1620	20 of such 120-day period.
1621	1621	21 (3) Paragraph (a)(2) shall not apply to any permit which
1622	1622	22 is subject to subsection (b), (d) or (e) of Section 39. If
1623	1623	23 there is no final action by the Board within 120 days after the
1624	1624	24 date on which it received the petition, the petitioner shall
1625	1625	25 be entitled to an Appellate Court order pursuant to subsection
1626	1626	26 (d) of Section 41 of this Act.
1627	1627
1628	1628
1629	1629
1630	1630
1631	1631
1632	1632	HB1608 - 44 - LRB104 08109 BDA 18155 b
1633	1633
1634	1634
1635	1635	HB1608- 45 -LRB104 08109 BDA 18155 b HB1608 - 45 - LRB104 08109 BDA 18155 b
1636	1636	HB1608 - 45 - LRB104 08109 BDA 18155 b
1637	1637	1 (b) If the Agency grants a RCRA permit for a hazardous
1638	1638	2 waste disposal site, a third party, other than the permit
1639	1639	3 applicant or Agency, may, within 35 days after the date on
1640	1640	4 which the Agency issued its decision, petition the Board for a
1641	1641	5 hearing to contest the issuance of the permit. Unless the
1642	1642	6 Board determines that such petition is duplicative or
1643	1643	7 frivolous, or that the petitioner is so located as to not be
1644	1644	8 affected by the permitted facility, the Board shall hear the
1645	1645	9 petition in accordance with the terms of subsection (a) of
1646	1646	10 this Section and its procedural rules governing denial
1647	1647	11 appeals, such hearing to be based exclusively on the record
1648	1648	12 before the Agency. The burden of proof shall be on the
1649	1649	13 petitioner. The Agency and the permit applicant shall be named
1650	1650	14 co-respondents.
1651	1651	15 The provisions of this subsection do not apply to the
1652	1652	16 granting of permits issued for the disposal or utilization of
1653	1653	17 sludge from publicly owned sewage works.
1654	1654	18 (c) Any party to an Agency proceeding conducted pursuant
1655	1655	19 to Section 39.3 of this Act may petition as of right to the
1656	1656	20 Board for review of the Agency's decision within 35 days from
1657	1657	21 the date of issuance of the Agency's decision, provided that
1658	1658	22 such appeal is not duplicative or frivolous. However, the
1659	1659	23 35-day period for petitioning for a hearing may be extended by
1660	1660	24 the applicant for a period of time not to exceed 90 days by
1661	1661	25 written notice provided to the Board from the applicant and
1662	1662	26 the Agency within the initial appeal period. If another person
1663	1663
1664	1664
1665	1665
1666	1666
1667	1667
1668	1668	HB1608 - 45 - LRB104 08109 BDA 18155 b
1669	1669
1670	1670
1671	1671	HB1608- 46 -LRB104 08109 BDA 18155 b HB1608 - 46 - LRB104 08109 BDA 18155 b
1672	1672	HB1608 - 46 - LRB104 08109 BDA 18155 b
1673	1673	1 with standing to appeal wishes to obtain an extension, there
1674	1674	2 must be a written notice provided to the Board by that person,
1675	1675	3 the Agency, and the applicant, within the initial appeal
1676	1676	4 period. The decision of the Board shall be based exclusively
1677	1677	5 on the record compiled in the Agency proceeding. In other
1678	1678	6 respects the Board's review shall be conducted in accordance
1679	1679	7 with subsection (a) of this Section and the Board's procedural
1680	1680	8 rules governing permit denial appeals.
1681	1681	9 (d) In reviewing the denial or any condition of a NA NSR
1682	1682	10 permit issued by the Agency pursuant to rules and regulations
1683	1683	11 adopted under subsection (c) of Section 9.1 of this Act, the
1684	1684	12 decision of the Board shall be based exclusively on the record
1685	1685	13 before the Agency including the record of the hearing, if any,
1686	1686	14 unless the parties agree to supplement the record. The Board
1687	1687	15 shall, if it finds the Agency is in error, make a final
1688	1688	16 determination as to the substantive limitations of the permit
1689	1689	17 including a final determination of Lowest Achievable Emission
1690	1690	18 Rate.
1691	1691	19 (e)(1) If the Agency grants or denies a permit under
1692	1692	20 subsection (b) of Section 39 of this Act, a third party, other
1693	1693	21 than the permit applicant or Agency, may petition the Board
1694	1694	22 within 35 days from the date of issuance of the Agency's
1695	1695	23 decision, for a hearing to contest the decision of the Agency.
1696	1696	24 (2) A petitioner shall include the following within a
1697	1697	25 petition submitted under subdivision (1) of this subsection:
1698	1698	26 (A) a demonstration that the petitioner raised the
1699	1699
1700	1700
1701	1701
1702	1702
1703	1703
1704	1704	HB1608 - 46 - LRB104 08109 BDA 18155 b
1705	1705
1706	1706
1707	1707	HB1608- 47 -LRB104 08109 BDA 18155 b HB1608 - 47 - LRB104 08109 BDA 18155 b
1708	1708	HB1608 - 47 - LRB104 08109 BDA 18155 b
1709	1709	1 issues contained within the petition during the public
1710	1710	2 notice period or during the public hearing on the NPDES
1711	1711	3 permit application, if a public hearing was held; and
1712	1712	4 (B) a demonstration that the petitioner is so situated
1713	1713	5 as to be affected by the permitted facility.
1714	1714	6 (3) If the Board determines that the petition is not
1715	1715	7 duplicative or frivolous and contains a satisfactory
1716	1716	8 demonstration under subdivision (2) of this subsection, the
1717	1717	9 Board shall hear the petition (i) in accordance with the terms
1718	1718	10 of subsection (a) of this Section and its procedural rules
1719	1719	11 governing permit denial appeals and (ii) exclusively on the
1720	1720	12 basis of the record before the Agency. The burden of proof
1721	1721	13 shall be on the petitioner. The Agency and permit applicant
1722	1722	14 shall be named co-respondents.
1723	1723	15 (f) Any person who files a petition to contest the
1724	1724	16 issuance of a permit by the Agency shall pay a filing fee.
1725	1725	17 (g) If the Agency grants or denies a permit under
1726	1726	18 subsection (y) of Section 39, a third party, other than the
1727	1727	19 permit applicant or Agency, may appeal the Agency's decision
1728	1728	20 as provided under federal law for CCR surface impoundment
1729	1729	21 permits.
1730	1730	22 (h) If the Agency grants a permit to construct, modify, or
1731	1731	23 operate a facility that emits air pollutants and is classified
1732	1732	24 as a minor source, a third party, other than the permit
1733	1733	25 applicant or Agency, may, within 35 days after the date on
1734	1734	26 which the Agency issued its decision, petition the Board for a
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740	HB1608 - 47 - LRB104 08109 BDA 18155 b
1741	1741
1742	1742
1743	1743	HB1608- 48 -LRB104 08109 BDA 18155 b HB1608 - 48 - LRB104 08109 BDA 18155 b
1744	1744	HB1608 - 48 - LRB104 08109 BDA 18155 b
1745	1745	1 hearing to contest the issuance of the permit. Unless the
1746	1746	2 Board determines that the petition is duplicative or frivolous
1747	1747	3 or that the petitioner is so located as to not be affected by
1748	1748	4 the permitted facility, the Board shall hear the petition in
1749	1749	5 accordance with the terms of subsection (a) of this Section
1750	1750	6 and its procedural rules governing denial appeals. The hearing
1751	1751	7 shall be based exclusively on the record before the Agency.
1752	1752	8 The burden of proof shall be on the petitioner. The Agency and
1753	1753	9 the permit applicant shall be named co-respondents.
1754	1754	10 (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
1755	1755	11 (415 ILCS 5/40.4 new)
1756	1756	12 Sec. 40.4. Environmental justice grievance.
1757	1757	13 (a) An environmental justice grievance process, subject to
1758	1758	14 the provisions of this Section, applies to complaints alleging
1759	1759	15 violations of Section 601 of the federal Civil Rights Act of
1760	1760	16 1964.
1761	1761	17 (b) An environmental justice grievance must allege
1762	1762	18 discrimination on the basis of an individual's actual or
1763	1763	19 perceived race, color, religion, national origin, citizenship,
1764	1764	20 ancestry, age, sex, marital status, order of protection
1765	1765	21 status, conviction record, arrest record, disability, military
1766	1766	22 status, sexual orientation, gender identity, gender
1767	1767	23 expression, pregnancy, or unfavorable discharge from military
1768	1768	24 service.
1769	1769	25 (c) To initiate the environmental justice grievance
1770	1770
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775	HB1608 - 48 - LRB104 08109 BDA 18155 b
1776	1776
1777	1777
1778	1778	HB1608- 49 -LRB104 08109 BDA 18155 b HB1608 - 49 - LRB104 08109 BDA 18155 b
1779	1779	HB1608 - 49 - LRB104 08109 BDA 18155 b
1780	1780	1 process a person must file a complaint with the Agency within
1781	1781	2 60 days after an alleged violation. The Agency, in its
1782	1782	3 discretion, may waive the 60-day deadline for good cause. The
1783	1783	4 complaint must: (1) be in writing; (2) describe with
1784	1784	5 specificity the discrimination alleged; and (3) identify the
1785	1785	6 parties impacted by the alleged discrimination.
1786	1786	7 (d) The complaint under subsection (c) must be addressed
1787	1787	8 to the Illinois Environmental Protection Agency Environmental
1788	1788	9 Justice Officer at the address of record for the Environmental
1789	1789	10 Justice Officer.
1790	1790	11 (e) Within 10 days after receiving the complaint filed
1791	1791	12 under subsection (c), the Agency shall provide written notice
1792	1792	13 of receipt and acceptance of the complaint. If the Agency
1793	1793	14 determines that it has jurisdiction to review the complaint,
1794	1794	15 the complaint will be considered meritorious, unless:
1795	1795	16 (1) the complaint clearly appears on its face to be
1796	1796	17 frivolous or trivial;
1797	1797	18 (2) the complaint is not timely and good cause does
1798	1798	19 not exist to waive timeliness;
1799	1799	20 (3) the Agency, within the time allotted to
1800	1800	21 investigate the complaint, voluntarily concedes
1801	1801	22 noncompliance and agrees to take appropriate remedial
1802	1802	23 action or agrees to an informal resolution of the
1803	1803	24 complaint; or
1804	1804	25 (4) the complainant, within the time allotted for the
1805	1805	26 complaint to be investigated, withdraws the complaint.
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811	HB1608 - 49 - LRB104 08109 BDA 18155 b
1812	1812
1813	1813
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1815	1815	HB1608 - 50 - LRB104 08109 BDA 18155 b
1816	1816
1817	1817
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1820	1820
1821	1821	HB1608 - 50 - LRB104 08109 BDA 18155 b