IL
Illinois House Bill HB2419

Illinois 2025-2026 Regular Session

Illinois House Bill HB2419 Compare Versions

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1-HB2419 EngrossedLRB104 09346 BDA 19404 b HB2419 Engrossed LRB104 09346 BDA 19404 b
2- HB2419 Engrossed LRB104 09346 BDA 19404 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English. LRB104 09346 BDA 19404 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English. LRB104 09346 BDA 19404 b LRB104 09346 BDA 19404 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
3+415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
4+415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
5+415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
6+Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English.
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312 1 AN ACT concerning safety.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Environmental Protection Act is amended by
716 5 changing Section 39.2 and 40.1 as follows:
817 6 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
918 7 Sec. 39.2. Local siting review.
1019 8 (a) The county board of the county or the governing body of
1120 9 the municipality, as determined by paragraph (c) of Section 39
1221 10 of this Act, shall approve or disapprove the request for local
1322 11 siting approval for each pollution control facility which is
1423 12 subject to such review. An applicant for local siting approval
1524 13 shall submit sufficient details describing the proposed
1625 14 facility and evidence to demonstrate compliance, and local
1726 15 siting approval shall be granted only if the proposed facility
1827 16 meets the following criteria:
1928 17 (i) the facility is necessary to accommodate the waste
2029 18 needs of the area it is intended to serve;
2130 19 (ii) the facility is so designed, located and proposed
2231 20 to be operated that the public health, safety and welfare
2332 21 will be protected;
2433 22 (iii) the facility is located so as to minimize
2534 23 incompatibility with the character of the surrounding area
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38+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2419 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
39+415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1 415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2 415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
40+415 ILCS 5/39.2 from Ch. 111 1/2, par. 1039.2
41+415 ILCS 5/40.1 from Ch. 111 1/2, par. 1040.1
42+Amends the Environmental Protection Act. Provides that, when determining whether certain local siting review criteria have been met, the county board of the county or the governing body of the municipality, as applicable, shall consider, among other things, vehicle emissions and the potential cumulative impacts created by the addition of the facility to the existing pollution sources, the disparate impacts created by the addition of the facility to existing pollution sources, and the potential disparate impacts on nearby communities. Requires the local siting decisions of the Pollution Control Board to include a written statement describing whether the procedures were conducted by the county board or governing body in a manner that is accessible to the public, including individuals with disabilities and individuals who are not native speakers of English.
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3471 1 and to minimize the effect on the value of the surrounding
3572 2 property;
3673 3 (iv) (A) for a facility other than a sanitary landfill
3774 4 or waste disposal site, the facility is located outside
3875 5 the boundary of the 100 year flood plain or the site is
3976 6 flood-proofed; (B) for a facility that is a sanitary
4077 7 landfill or waste disposal site, the facility is located
4178 8 outside the boundary of the 100-year floodplain, or if the
4279 9 facility is a facility described in subsection (b)(3) of
4380 10 Section 22.19a, the site is flood-proofed;
4481 11 (v) the plan of operations for the facility is
4582 12 designed to minimize the danger to the surrounding area
4683 13 from fire, spills, or other operational accidents;
4784 14 (vi) the traffic patterns to or from the facility are
48-15 so designed as to minimize the impact on existing traffic
49-16 flows;
85+15 so designed as to minimize vehicle emissions and the
86+16 impact on existing traffic flows;
5087 17 (vii) if the facility will be treating, storing or
5188 18 disposing of hazardous waste, an emergency response plan
5289 19 exists for the facility which includes notification,
5390 20 containment and evacuation procedures to be used in case
5491 21 of an accidental release;
5592 22 (viii) if the facility is to be located in a county
5693 23 where the county board has adopted a solid waste
5794 24 management plan consistent with the planning requirements
5895 25 of the Local Solid Waste Disposal Act or the Solid Waste
5996 26 Planning and Recycling Act, the facility is consistent
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70107 1 with that plan; for purposes of this criterion (viii), the
71108 2 "solid waste management plan" means the plan that is in
72109 3 effect as of the date the application for siting approval
73110 4 is filed; and
74111 5 (ix) if the facility will be located within a
75112 6 regulated recharge area, any applicable requirements
76113 7 specified by the Board for such areas have been met.
77-8 The county board or the governing body of the municipality
78-9 may also consider as evidence the previous operating
79-10 experience and past record of convictions or admissions of
80-11 violations of the applicant (and any subsidiary or parent
81-12 corporation) in the field of solid waste management when
82-13 considering criteria (ii) and (v) under this Section.
83-14 If the facility is subject to the location restrictions in
84-15 Section 22.14 of this Act, compliance with that Section shall
85-16 be determined as of the date the application for siting
86-17 approval is filed.
87-18 (b) No later than 14 days before the date on which the
88-19 county board or governing body of the municipality receives a
89-20 request for site approval, the applicant shall cause written
90-21 notice of such request to be served either in person or by
91-22 registered mail, return receipt requested, on the owners of
92-23 all property within the subject area not solely owned by the
93-24 applicant, and on the owners of all property within 250 feet in
94-25 each direction of the lot line of the subject property, said
95-26 owners being such persons or entities which appear from the
114+8 When determining whether the criteria described in item
115+9 (ii) have been met, the county board of the county or the
116+10 governing body of the municipality, as applicable, shall
117+11 consider the potential cumulative impacts created by the
118+12 addition of the facility to the existing pollution sources,
119+13 the disparate impacts created by the addition of the facility
120+14 to existing pollution sources, and the potential disparate
121+15 impacts on nearby communities.
122+16 The county board or the governing body of the municipality
123+17 may also consider as evidence the previous operating
124+18 experience and past record of convictions or admissions of
125+19 violations of the applicant (and any subsidiary or parent
126+20 corporation) in the field of solid waste management when
127+21 considering criteria (ii) and (v) under this Section.
128+22 If the facility is subject to the location restrictions in
129+23 Section 22.14 of this Act, compliance with that Section shall
130+24 be determined as of the date the application for siting
131+25 approval is filed.
132+26 (b) No later than 14 days before the date on which the
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106-1 authentic tax records of the County in which such facility is
107-2 to be located; provided, that the number of all feet occupied
108-3 by all public roads, streets, alleys and other public ways
109-4 shall be excluded in computing the 250 feet requirement;
110-5 provided further, that in no event shall this requirement
111-6 exceed 400 feet, including public streets, alleys and other
112-7 public ways.
113-8 Such written notice shall also be served upon members of
114-9 the General Assembly from the legislative district in which
115-10 the proposed facility is located and shall be published in a
116-11 newspaper of general circulation published in the county in
117-12 which the site is located.
118-13 Such notice shall state the name and address of the
119-14 applicant, the location of the proposed site, the nature and
120-15 size of the development, the nature of the activity proposed,
121-16 the probable life of the proposed activity, the date when the
122-17 request for site approval will be submitted, and a description
123-18 of the right of persons to comment on such request as hereafter
124-19 provided.
125-20 (c) An applicant shall file a copy of its request with the
126-21 county board of the county or the governing body of the
127-22 municipality in which the proposed site is located. The
128-23 request shall include (i) the substance of the applicant's
129-24 proposal and (ii) all documents, if any, submitted as of that
130-25 date to the Agency pertaining to the proposed facility, except
131-26 trade secrets as determined under Section 7.1 of this Act. All
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143+1 county board or governing body of the municipality receives a
144+2 request for site approval, the applicant shall cause written
145+3 notice of such request to be served either in person or by
146+4 registered mail, return receipt requested, on the owners of
147+5 all property within the subject area not solely owned by the
148+6 applicant, and on the owners of all property within 250 feet in
149+7 each direction of the lot line of the subject property, said
150+8 owners being such persons or entities which appear from the
151+9 authentic tax records of the County in which such facility is
152+10 to be located; provided, that the number of all feet occupied
153+11 by all public roads, streets, alleys and other public ways
154+12 shall be excluded in computing the 250 feet requirement;
155+13 provided further, that in no event shall this requirement
156+14 exceed 400 feet, including public streets, alleys and other
157+15 public ways.
158+16 Such written notice shall also be served upon members of
159+17 the General Assembly from the legislative district in which
160+18 the proposed facility is located and shall be published in a
161+19 newspaper of general circulation published in the county in
162+20 which the site is located.
163+21 Such notice shall state the name and address of the
164+22 applicant, the location of the proposed site, the nature and
165+23 size of the development, the nature of the activity proposed,
166+24 the probable life of the proposed activity, the date when the
167+25 request for site approval will be submitted, and a description
168+26 of the right of persons to comment on such request as hereafter
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142-1 such documents or other materials on file with the county
143-2 board or governing body of the municipality shall be made
144-3 available for public inspection at the office of the county
145-4 board or the governing body of the municipality and may be
146-5 copied upon payment of the actual cost of reproduction.
147-6 Any person may file written comment with the county board
148-7 or governing body of the municipality concerning the
149-8 appropriateness of the proposed site for its intended purpose.
150-9 The county board or governing body of the municipality shall
151-10 consider any comment received or postmarked not later than 30
152-11 days after the date of the last public hearing.
153-12 (d) At least one public hearing, at which an applicant
154-13 shall present at least one witness to testify subject to
155-14 cross-examination, is to be held by the county board or
156-15 governing body of the municipality no sooner than 90 days but
157-16 no later than 120 days after the date on which it received the
158-17 request for site approval. No later than 14 days prior to such
159-18 hearing, notice shall be published in a newspaper of general
160-19 circulation published in the county of the proposed site, and
161-20 delivered by certified mail to all members of the General
162-21 Assembly from the district in which the proposed site is
163-22 located, to the governing authority of every municipality
164-23 contiguous to the proposed site or contiguous to the
165-24 municipality in which the proposed site is to be located, to
166-25 the county board of the county where the proposed site is to be
167-26 located, if the proposed site is located within the boundaries
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179+1 provided.
180+2 (c) An applicant shall file a copy of its request with the
181+3 county board of the county or the governing body of the
182+4 municipality in which the proposed site is located. The
183+5 request shall include (i) the substance of the applicant's
184+6 proposal and (ii) all documents, if any, submitted as of that
185+7 date to the Agency pertaining to the proposed facility, except
186+8 trade secrets as determined under Section 7.1 of this Act. All
187+9 such documents or other materials on file with the county
188+10 board or governing body of the municipality shall be made
189+11 available for public inspection at the office of the county
190+12 board or the governing body of the municipality and may be
191+13 copied upon payment of the actual cost of reproduction.
192+14 Any person may file written comment with the county board
193+15 or governing body of the municipality concerning the
194+16 appropriateness of the proposed site for its intended purpose.
195+17 The county board or governing body of the municipality shall
196+18 consider any comment received or postmarked not later than 30
197+19 days after the date of the last public hearing.
198+20 (d) At least one public hearing, at which an applicant
199+21 shall present at least one witness to testify subject to
200+22 cross-examination, is to be held by the county board or
201+23 governing body of the municipality no sooner than 90 days but
202+24 no later than 120 days after the date on which it received the
203+25 request for site approval. No later than 14 days prior to such
204+26 hearing, notice shall be published in a newspaper of general
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178-1 of a municipality, and to the Agency. Members or
179-2 representatives of the governing authority of a municipality
180-3 contiguous to the proposed site or contiguous to the
181-4 municipality in which the proposed site is to be located and,
182-5 if the proposed site is located in a municipality, members or
183-6 representatives of the county board of a county in which the
184-7 proposed site is to be located may appear at and participate in
185-8 public hearings held pursuant to this Section. The public
186-9 hearing shall develop a record sufficient to form the basis of
187-10 appeal of the decision in accordance with Section 40.1 of this
188-11 Act. The fact that a member of the county board or governing
189-12 body of the municipality has publicly expressed an opinion on
190-13 an issue related to a site review proceeding shall not
191-14 preclude the member from taking part in the proceeding and
192-15 voting on the issue.
193-16 (d-5) The county board of the county or governing body of
194-17 the municipality shall conduct the hearing required under
195-18 subsection (d) in a manner that is accessible to the public,
196-19 including, but not limited to, individuals with disabilities
197-20 and individuals who are not native speakers of English. Upon
198-21 completion of the hearing, the county board of the county or
199-22 the governing body of the municipality shall certify
200-23 compliance with the requirements of this subsection as a part
201-24 of the written record of the hearing. The inclusion of the
202-25 certification described in this subsection in the written
203-26 record of the hearing shall constitute prima facie evidence of
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215+1 circulation published in the county of the proposed site, and
216+2 delivered by certified mail to all members of the General
217+3 Assembly from the district in which the proposed site is
218+4 located, to the governing authority of every municipality
219+5 contiguous to the proposed site or contiguous to the
220+6 municipality in which the proposed site is to be located, to
221+7 the county board of the county where the proposed site is to be
222+8 located, if the proposed site is located within the boundaries
223+9 of a municipality, and to the Agency. Members or
224+10 representatives of the governing authority of a municipality
225+11 contiguous to the proposed site or contiguous to the
226+12 municipality in which the proposed site is to be located and,
227+13 if the proposed site is located in a municipality, members or
228+14 representatives of the county board of a county in which the
229+15 proposed site is to be located may appear at and participate in
230+16 public hearings held pursuant to this Section. The public
231+17 hearing shall develop a record sufficient to form the basis of
232+18 appeal of the decision in accordance with Section 40.1 of this
233+19 Act. The fact that a member of the county board or governing
234+20 body of the municipality has publicly expressed an opinion on
235+21 an issue related to a site review proceeding shall not
236+22 preclude the member from taking part in the proceeding and
237+23 voting on the issue.
238+24 (e) Decisions of the county board or governing body of the
239+25 municipality are to be in writing, confirming a public hearing
240+26 was held with testimony from at least one witness presented by
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214-1 compliance with the requirements of this subsection, and an
215-2 allegation or claim of noncompliance with this subsection
216-3 shall not serve as the basis for an appeal of siting approval
217-4 under Section 40.1.
218-5 (e) Decisions of the county board or governing body of the
219-6 municipality are to be in writing, confirming a public hearing
220-7 was held with testimony from at least one witness presented by
221-8 the applicant, specifying the reasons for the decision, such
222-9 reasons to be in conformance with subsection (a) of this
223-10 Section. In granting approval for a site the county board or
224-11 governing body of the municipality may impose such conditions
225-12 as may be reasonable and necessary to accomplish the purposes
226-13 of this Section and as are not inconsistent with regulations
227-14 promulgated by the Board. Such decision shall be available for
228-15 public inspection at the office of the county board or
229-16 governing body of the municipality and may be copied upon
230-17 payment of the actual cost of reproduction. If there is no
231-18 final action by the county board or governing body of the
232-19 municipality within 180 days after the date on which it
233-20 received the request for site approval, the applicant may deem
234-21 the request approved.
235-22 At the public hearing, at any time prior to completion by
236-23 the applicant of the presentation of the applicant's factual
237-24 evidence, testimony, and an opportunity for cross-examination
238-25 by the county board or governing body of the municipality and
239-26 any participants, the applicant may file not more than one
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251+1 the applicant, specifying the reasons for the decision, such
252+2 reasons to be in conformance with subsection (a) of this
253+3 Section. In granting approval for a site the county board or
254+4 governing body of the municipality may impose such conditions
255+5 as may be reasonable and necessary to accomplish the purposes
256+6 of this Section and as are not inconsistent with regulations
257+7 promulgated by the Board. Such decision shall be available for
258+8 public inspection at the office of the county board or
259+9 governing body of the municipality and may be copied upon
260+10 payment of the actual cost of reproduction. If there is no
261+11 final action by the county board or governing body of the
262+12 municipality within 180 days after the date on which it
263+13 received the request for site approval, the applicant may deem
264+14 the request approved.
265+15 At the public hearing, at any time prior to completion by
266+16 the applicant of the presentation of the applicant's factual
267+17 evidence, testimony, and an opportunity for cross-examination
268+18 by the county board or governing body of the municipality and
269+19 any participants, the applicant may file not more than one
270+20 amended application upon payment of additional fees pursuant
271+21 to subsection (k); in which case the time limitation for final
272+22 action set forth in this subsection (e) shall be extended for
273+23 an additional period of 90 days.
274+24 If, prior to making a final local siting decision, a
275+25 county board or governing body of a municipality has
276+26 negotiated and entered into a host agreement with the local
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250-1 amended application upon payment of additional fees pursuant
251-2 to subsection (k); in which case the time limitation for final
252-3 action set forth in this subsection (e) shall be extended for
253-4 an additional period of 90 days.
254-5 If, prior to making a final local siting decision, a
255-6 county board or governing body of a municipality has
256-7 negotiated and entered into a host agreement with the local
257-8 siting applicant, the terms and conditions of the host
258-9 agreement, whether written or oral, shall be disclosed and
259-10 made a part of the hearing record for that local siting
260-11 proceeding. In the case of an oral agreement, the disclosure
261-12 shall be made in the form of a written summary jointly prepared
262-13 and submitted by the county board or governing body of the
263-14 municipality and the siting applicant and shall describe the
264-15 terms and conditions of the oral agreement.
265-16 (e-5) Siting approval obtained pursuant to this Section is
266-17 transferable and may be transferred to a subsequent owner or
267-18 operator. In the event that siting approval has been
268-19 transferred to a subsequent owner or operator, that subsequent
269-20 owner or operator assumes and takes subject to any and all
270-21 conditions imposed upon the prior owner or operator by the
271-22 county board of the county or governing body of the
272-23 municipality pursuant to subsection (e). However, any such
273-24 conditions imposed pursuant to this Section may be modified by
274-25 agreement between the subsequent owner or operator and the
275-26 appropriate county board or governing body. Further, in the
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287+1 siting applicant, the terms and conditions of the host
288+2 agreement, whether written or oral, shall be disclosed and
289+3 made a part of the hearing record for that local siting
290+4 proceeding. In the case of an oral agreement, the disclosure
291+5 shall be made in the form of a written summary jointly prepared
292+6 and submitted by the county board or governing body of the
293+7 municipality and the siting applicant and shall describe the
294+8 terms and conditions of the oral agreement.
295+9 (e-5) Siting approval obtained pursuant to this Section is
296+10 transferable and may be transferred to a subsequent owner or
297+11 operator. In the event that siting approval has been
298+12 transferred to a subsequent owner or operator, that subsequent
299+13 owner or operator assumes and takes subject to any and all
300+14 conditions imposed upon the prior owner or operator by the
301+15 county board of the county or governing body of the
302+16 municipality pursuant to subsection (e). However, any such
303+17 conditions imposed pursuant to this Section may be modified by
304+18 agreement between the subsequent owner or operator and the
305+19 appropriate county board or governing body. Further, in the
306+20 event that siting approval obtained pursuant to this Section
307+21 has been transferred to a subsequent owner or operator, that
308+22 subsequent owner or operator assumes all rights and
309+23 obligations and takes the facility subject to any and all
310+24 terms and conditions of any existing host agreement between
311+25 the prior owner or operator and the appropriate county board
312+26 or governing body.
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286-1 event that siting approval obtained pursuant to this Section
287-2 has been transferred to a subsequent owner or operator, that
288-3 subsequent owner or operator assumes all rights and
289-4 obligations and takes the facility subject to any and all
290-5 terms and conditions of any existing host agreement between
291-6 the prior owner or operator and the appropriate county board
292-7 or governing body.
293-8 (f) A local siting approval granted under this Section
294-9 shall expire at the end of 2 calendar years from the date upon
295-10 which it was granted, unless the local siting approval granted
296-11 under this Section is for a sanitary landfill operation, in
297-12 which case the approval shall expire at the end of 3 calendar
298-13 years from the date upon which it was granted, and unless
299-14 within that period the applicant has made application to the
300-15 Agency for a permit to develop the site. In the event that the
301-16 local siting decision has been appealed, such expiration
302-17 period shall be deemed to begin on the date upon which the
303-18 appeal process is concluded.
304-19 Except as otherwise provided in this subsection, upon the
305-20 expiration of a development permit under subsection (k) of
306-21 Section 39, any associated local siting approval granted for
307-22 the facility under this Section shall also expire.
308-23 If a first development permit for a municipal waste
309-24 incineration facility expires under subsection (k) of Section
310-25 39 after September 30, 1989 due to circumstances beyond the
311-26 control of the applicant, any associated local siting approval
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323+1 (f) A local siting approval granted under this Section
324+2 shall expire at the end of 2 calendar years from the date upon
325+3 which it was granted, unless the local siting approval granted
326+4 under this Section is for a sanitary landfill operation, in
327+5 which case the approval shall expire at the end of 3 calendar
328+6 years from the date upon which it was granted, and unless
329+7 within that period the applicant has made application to the
330+8 Agency for a permit to develop the site. In the event that the
331+9 local siting decision has been appealed, such expiration
332+10 period shall be deemed to begin on the date upon which the
333+11 appeal process is concluded.
334+12 Except as otherwise provided in this subsection, upon the
335+13 expiration of a development permit under subsection (k) of
336+14 Section 39, any associated local siting approval granted for
337+15 the facility under this Section shall also expire.
338+16 If a first development permit for a municipal waste
339+17 incineration facility expires under subsection (k) of Section
340+18 39 after September 30, 1989 due to circumstances beyond the
341+19 control of the applicant, any associated local siting approval
342+20 granted for the facility under this Section may be used to
343+21 fulfill the local siting approval requirement upon application
344+22 for a second development permit for the same site, provided
345+23 that the proposal in the new application is materially the
346+24 same, with respect to the criteria in subsection (a) of this
347+25 Section, as the proposal that received the original siting
348+26 approval, and application for the second development permit is
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322-1 granted for the facility under this Section may be used to
323-2 fulfill the local siting approval requirement upon application
324-3 for a second development permit for the same site, provided
325-4 that the proposal in the new application is materially the
326-5 same, with respect to the criteria in subsection (a) of this
327-6 Section, as the proposal that received the original siting
328-7 approval, and application for the second development permit is
329-8 made before January 1, 1990.
330-9 (g) The siting approval procedures, criteria and appeal
331-10 procedures provided for in this Act for new pollution control
332-11 facilities shall be the exclusive siting procedures and rules
333-12 and appeal procedures for facilities subject to such
334-13 procedures. Local zoning or other local land use requirements
335-14 shall not be applicable to such siting decisions.
336-15 (h) Nothing in this Section shall apply to any existing or
337-16 new pollution control facility located within the corporate
338-17 limits of a municipality with a population of over 1,000,000.
339-18 (i) (Blank.)
340-19 The Board shall adopt regulations establishing the
341-20 geologic and hydrologic siting criteria necessary to protect
342-21 usable groundwater resources which are to be followed by the
343-22 Agency in its review of permit applications for new pollution
344-23 control facilities. Such regulations, insofar as they apply to
345-24 new pollution control facilities authorized to store, treat or
346-25 dispose of any hazardous waste, shall be at least as stringent
347-26 as the requirements of the Resource Conservation and Recovery
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359+1 made before January 1, 1990.
360+2 (g) The siting approval procedures, criteria and appeal
361+3 procedures provided for in this Act for new pollution control
362+4 facilities shall be the exclusive siting procedures and rules
363+5 and appeal procedures for facilities subject to such
364+6 procedures. Local zoning or other local land use requirements
365+7 shall not be applicable to such siting decisions.
366+8 (h) Nothing in this Section shall apply to any existing or
367+9 new pollution control facility located within the corporate
368+10 limits of a municipality with a population of over 1,000,000.
369+11 (i) (Blank.)
370+12 The Board shall adopt regulations establishing the
371+13 geologic and hydrologic siting criteria necessary to protect
372+14 usable groundwater resources which are to be followed by the
373+15 Agency in its review of permit applications for new pollution
374+16 control facilities. Such regulations, insofar as they apply to
375+17 new pollution control facilities authorized to store, treat or
376+18 dispose of any hazardous waste, shall be at least as stringent
377+19 as the requirements of the Resource Conservation and Recovery
378+20 Act and any State or federal regulations adopted pursuant
379+21 thereto.
380+22 (j) Any new pollution control facility which has never
381+23 obtained local siting approval under the provisions of this
382+24 Section shall be required to obtain such approval after a
383+25 final decision on an appeal of a permit denial.
384+26 (k) A county board or governing body of a municipality may
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358-1 Act and any State or federal regulations adopted pursuant
359-2 thereto.
360-3 (j) Any new pollution control facility which has never
361-4 obtained local siting approval under the provisions of this
362-5 Section shall be required to obtain such approval after a
363-6 final decision on an appeal of a permit denial.
364-7 (k) A county board or governing body of a municipality may
365-8 charge applicants for siting review under this Section a
366-9 reasonable fee to cover the reasonable and necessary costs
367-10 incurred by such county or municipality in the siting review
368-11 process.
369-12 (l) The governing Authority as determined by subsection
370-13 (c) of Section 39 of this Act may request the Department of
371-14 Transportation to perform traffic impact studies of proposed
372-15 or potential locations for required pollution control
373-16 facilities, including studies of the emissions associated with
374-17 traffic.
375-18 (m) An applicant may not file a request for local siting
376-19 approval which is substantially the same as a request which
377-20 was disapproved pursuant to a finding against the applicant
378-21 under any of criteria (i) through (ix) of subsection (a) of
379-22 this Section within the preceding 2 years.
380-23 (n) In any review proceeding of a decision of the county
381-24 board or governing body of a municipality made pursuant to the
382-25 local siting review process, the petitioner in the review
383-26 proceeding shall pay to the county or municipality the cost of
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395+1 charge applicants for siting review under this Section a
396+2 reasonable fee to cover the reasonable and necessary costs
397+3 incurred by such county or municipality in the siting review
398+4 process.
399+5 (l) The governing Authority as determined by subsection
400+6 (c) of Section 39 of this Act may request the Department of
401+7 Transportation to perform traffic impact studies of proposed
402+8 or potential locations for required pollution control
403+9 facilities.
404+10 (m) An applicant may not file a request for local siting
405+11 approval which is substantially the same as a request which
406+12 was disapproved pursuant to a finding against the applicant
407+13 under any of criteria (i) through (ix) of subsection (a) of
408+14 this Section within the preceding 2 years.
409+15 (n) In any review proceeding of a decision of the county
410+16 board or governing body of a municipality made pursuant to the
411+17 local siting review process, the petitioner in the review
412+18 proceeding shall pay to the county or municipality the cost of
413+19 preparing and certifying the record of proceedings. Should the
414+20 petitioner in the review proceeding fail to make payment, the
415+21 provisions of Section 3-109 of the Code of Civil Procedure
416+22 shall apply.
417+23 In the event the petitioner is a citizens' group that
418+24 participated in the siting proceeding and is so located as to
419+25 be affected by the proposed facility, such petitioner shall be
420+26 exempt from paying the costs of preparing and certifying the
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394-1 preparing and certifying the record of proceedings. Should the
395-2 petitioner in the review proceeding fail to make payment, the
396-3 provisions of Section 3-109 of the Code of Civil Procedure
397-4 shall apply.
398-5 In the event the petitioner is a citizens' group that
399-6 participated in the siting proceeding and is so located as to
400-7 be affected by the proposed facility, such petitioner shall be
401-8 exempt from paying the costs of preparing and certifying the
402-9 record.
403-10 (o) Notwithstanding any other provision of this Section, a
404-11 transfer station used exclusively for landscape waste, where
405-12 landscape waste is held no longer than 24 hours from the time
406-13 it was received, is not subject to the requirements of local
407-14 siting approval under this Section, but is subject only to
408-15 local zoning approval.
409-16 (Source: P.A. 100-382, eff. 8-25-17.)
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431+1 record.
432+2 (o) Notwithstanding any other provision of this Section, a
433+3 transfer station used exclusively for landscape waste, where
434+4 landscape waste is held no longer than 24 hours from the time
435+5 it was received, is not subject to the requirements of local
436+6 siting approval under this Section, but is subject only to
437+7 local zoning approval.
438+8 (Source: P.A. 100-382, eff. 8-25-17.)
439+9 (415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
440+10 Sec. 40.1. Appeal of siting approval.
441+11 (a) If the county board or the governing body of the
442+12 municipality, as determined by paragraph (c) of Section 39 of
443+13 this Act, refuses to grant or grants with conditions approval
444+14 under Section 39.2 of this Act, the applicant may, within 35
445+15 days after the date on which the local siting authority
446+16 disapproved or conditionally approved siting, petition for a
447+17 hearing before the Board to contest the decision of the county
448+18 board or the governing body of the municipality. The Board
449+19 shall publish 21 day notice of the hearing on the appeal in a
450+20 newspaper of general circulation published in that county. The
451+21 county board or governing body of the municipality shall
452+22 appear as respondent in such hearing, and such hearing shall
453+23 be based exclusively on the record before the county board or
454+24 the governing body of the municipality. At such hearing the
455+25 rules prescribed in Sections 32 and 33 (a) of this Act shall
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466+1 apply, and the burden of proof shall be on the petitioner;
467+2 however, no new or additional evidence in support of or in
468+3 opposition to any finding, order, determination or decision of
469+4 the appropriate county board or governing body of the
470+5 municipality shall be heard by the Board. In making its orders
471+6 and determinations under this Section the Board shall include
472+7 in its consideration the written decision and reasons for the
473+8 decision of the county board or the governing body of the
474+9 municipality, the transcribed record of the hearing held
475+10 pursuant to subsection (d) of Section 39.2, and the
476+11 fundamental fairness of the procedures used by the county
477+12 board or the governing body of the municipality in reaching
478+13 its decision, including a written statement describing whether
479+14 the procedures were conducted by the county board or governing
480+15 body in a manner that is accessible to the public, including
481+16 individuals with disabilities and individuals who are not
482+17 native speakers of English. The Board shall transmit a copy of
483+18 its decision to the office of the county board or governing
484+19 body of the municipality where it shall be available for
485+20 public inspection and copied upon payment of the actual cost
486+21 of reproduction. If there is no final action by the Board
487+22 within 120 days after the date on which it received the
488+23 petition, the petitioner may deem the site location approved;
489+24 provided, however, that that period of 120 days shall not run
490+25 for any period of time, not to exceed 30 days, during which the
491+26 Board is without sufficient membership to constitute the
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502+1 quorum required by subsection (a) of Section 5 of this Act, and
503+2 provided further, that such 120 day period shall not be stayed
504+3 for lack of quorum beyond 30 days regardless of whether the
505+4 lack of quorum exists at the beginning of such 120 day period
506+5 or occurs during the running of such 120 day period.
507+6 (b) If the county board or the governing body of the
508+7 municipality as determined by paragraph (c) of Section 39 of
509+8 this Act, grants approval under Section 39.2 of this Act, a
510+9 third party other than the applicant who participated in the
511+10 public hearing conducted by the county board or governing body
512+11 of the municipality may, within 35 days after the date on which
513+12 the local siting authority granted siting approval, petition
514+13 the Board for a hearing to contest the approval of the county
515+14 board or the governing body of the municipality. Unless the
516+15 Board determines that such petition is duplicative or
517+16 frivolous, or that the petitioner is so located as to not be
518+17 affected by the proposed facility, the Board shall hear the
519+18 petition in accordance with the terms of subsection (a) of
520+19 this Section and its procedural rules governing denial
521+20 appeals, such hearing to be based exclusively on the record
522+21 before county board or the governing body of the municipality.
523+22 The burden of proof shall be on the petitioner. The county
524+23 board or the governing body of the municipality and the
525+24 applicant shall be named as co-respondents.
526+25 The Board shall transmit a copy of its decision to the
527+26 office of the county board or governing body of the
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