EPA-WASTE DISCHARGE PERMIT

Illinois General Assembly - Full Text of HB5475

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5475

Introduced 2/13/2026, by Rep. Laura Faver Dias

SYNOPSIS AS INTRODUCED:

415 ILCS 5/39

from Ch. 111 1/2, par. 1039
415 ILCS 5/39.16 new

Amends the Environmental Protection Act. Provides that all National
Pollutant Discharge Elimination System permits authorizing a discharge
from a facility designated by the Environmental Protection Agency and the
United States Environmental Protection Agency as a major facility, shall,
at a minimum, require for publicly owned treatment works, periodic
sampling of influent, effluent, and biosolids for all perfluoroalkyl and
polyfluoroalkyl substances for which there are accredited wastewater
analytical methods and, for all other facilities, periodic effluent
sampling for all perfluoroalkyl and polyfluoroalkyl substances for which
there are accredited wastewater analytical methods. Provides that the
Agency shall require any NPDES permit application for a discharge of
wastewater that has potential to contain perfluoroalkyl and
polyfluoroalkyl substances to fully characterize the discharge through
sample results for all perfluoroalkyl and polyfluoroalkyl substances for
which there are accredited wastewater analytical methods. Provides that
the Agency shall not issue any permit under specified provisions for the
land application of a sludge or biosolids unless the application includes
sample results for the sludge or biosolids for all perfluoroalkyl and
polyfluoroalkyl substances for which there are accredited wastewater
analytical methods. Provides that any permit issued under specified
provisions for the land application of a sludge or biosolids shall
require, at minimum, periodic sampling of the sludge or biosolids for all
perfluoroalkyl and polyfluoroalkyl substances for which there are
accredited wastewater analytical methods.
LRB104 19362 BDA 32810 b

A BILL FOR

HB5475
LRB104 19362 BDA 32810 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Section 39 and by adding Section 39.16 as follows:

6

(415 ILCS 5/39)

(from Ch. 111 1/2, par. 1039)
7

(Text of Section before amendment by P.A. 104-458
)
8

Sec. 39.
Issuance of permits; procedures.
9

(a) When the Board has by regulation required a permit for
10
the construction, installation, or operation of any type of
11
facility, equipment, vehicle, vessel, or aircraft, the
12
applicant shall apply to the Agency for such permit and it
13
shall be the duty of the Agency to issue such a permit upon
14
proof by the applicant that the facility, equipment, vehicle,
15
vessel, or aircraft will not cause a violation of this Act or
16
of regulations hereunder. The Agency shall adopt such
17
procedures as are necessary to carry out its duties under this
18
Section. In making its determinations on permit applications
19
under this Section the Agency may consider prior adjudications
20
of noncompliance with this Act by the applicant that involved
21
a release of a contaminant into the environment. In granting
22
permits, the Agency may impose reasonable conditions
23
specifically related to the applicant's past compliance

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LRB104 19362 BDA 32810 b
1
history with this Act as necessary to correct, detect, or
2
prevent noncompliance. The Agency may impose such other
3
conditions as may be necessary to accomplish the purposes of
4
this Act, and as are not inconsistent with the regulations
5
promulgated by the Board hereunder. Except as otherwise
6
provided in this Act, a bond or other security shall not be
7
required as a condition for the issuance of a permit. If the
8
Agency denies any permit under this Section, the Agency shall
9
transmit to the applicant within the time limitations of this
10
Section specific, detailed statements as to the reasons the
11
permit application was denied. Such statements shall include,
12
but not be limited to, the following:
13

(i) the Sections of this Act which may be violated if
14

the permit were granted;
15

(ii) the provision of the regulations, promulgated
16

under this Act, which may be violated if the permit were
17

granted;
18

(iii) the specific type of information, if any, which
19

the Agency deems the applicant did not provide the Agency;
20

and
21

(iv) a statement of specific reasons why the Act and
22

the regulations might not be met if the permit were
23

granted.
24

If there is no final action by the Agency within 90 days
25
after the filing of the application for permit, the applicant
26
may deem the permit issued; except that this time period shall

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be extended to 180 days when (1) notice and opportunity for
2
public hearing are required by State or federal law or
3
regulation, (2) the application which was filed is for any
4
permit to develop a landfill subject to issuance pursuant to
5
this subsection, or (3) the application that was filed is for a
6
MSWLF unit required to issue public notice under subsection
7
(p) of Section 39. The 90-day and 180-day time periods for the
8
Agency to take final action do not apply to NPDES permit
9
applications under subsection (b) of this Section, to RCRA
10
permit applications under subsection (d) of this Section, to
11
UIC permit applications under subsection (e) of this Section,
12
or to CCR surface impoundment applications under subsection
13
(y) of this Section.
14

The Agency shall publish notice of all final permit
15
determinations for development permits for MSWLF units and for
16
significant permit modifications for lateral expansions for
17
existing MSWLF units one time in a newspaper of general
18
circulation in the county in which the unit is or is proposed
19
to be located.
20

After January 1, 1994 and until July 1, 1998, operating
21
permits issued under this Section by the Agency for sources of
22
air pollution permitted to emit less than 25 tons per year of
23
any combination of regulated air pollutants, as defined in
24
Section 39.5 of this Act, shall be required to be renewed only
25
upon written request by the Agency consistent with applicable
26
provisions of this Act and regulations promulgated hereunder.

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Such operating permits shall expire 180 days after the date of
2
such a request. The Board shall revise its regulations for the
3
existing State air pollution operating permit program
4
consistent with this provision by January 1, 1994.
5

After June 30, 1998, operating permits issued under this
6
Section by the Agency for sources of air pollution that are not
7
subject to Section 39.5 of this Act and are not required to
8
have a federally enforceable State operating permit shall be
9
required to be renewed only upon written request by the Agency
10
consistent with applicable provisions of this Act and its
11
rules. Such operating permits shall expire 180 days after the
12
date of such a request. Before July 1, 1998, the Board shall
13
revise its rules for the existing State air pollution
14
operating permit program consistent with this paragraph and
15
shall adopt rules that require a source to demonstrate that it
16
qualifies for a permit under this paragraph.
17

(b) The Agency may issue NPDES permits exclusively under
18
this subsection for the discharge of contaminants from point
19
sources into navigable waters, all as defined in the Federal
20
Water Pollution Control Act, as now or hereafter amended,
21
within the jurisdiction of the State, or into any well.
22

All NPDES permits shall contain those terms and
23
conditions, including, but not limited to, schedules of
24
compliance, which may be required to accomplish the purposes
25
and provisions of this Act.
All NPDES Permits authorizing a
26
discharge from a facility designated by the Agency and the

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USEPA as a "major" facility, shall require, at a minimum, for
2
publicly owned treatment works, periodic sampling of influent,
3
effluent, and biosolids for all perfluoroalkyl and
4
polyfluoroalkyl substances for which there are accredited
5
wastewater analytical methods, and, for all other facilities,
6
periodic effluent sampling for all perfluoroalkyl and
7
polyfluoroalkyl substances for which there are accredited
8
wastewater analytical methods.
9

The Agency may issue general NPDES permits for discharges
10
from categories of point sources which are subject to the same
11
permit limitations and conditions. Such general permits may be
12
issued without individual applications and shall conform to
13
regulations promulgated under Section 402 of the Federal Water
14
Pollution Control Act, as now or hereafter amended.
15

The Agency may include, among such conditions, effluent
16
limitations and other requirements established under this Act,
17
Board regulations, the Federal Water Pollution Control Act, as
18
now or hereafter amended, and regulations pursuant thereto,
19
and schedules for achieving compliance therewith at the
20
earliest reasonable date.
21

The Agency shall adopt filing requirements and procedures
22
which are necessary and appropriate for the issuance of NPDES
23
permits, and which are consistent with the Act or regulations
24
adopted by the Board, and with the Federal Water Pollution
25
Control Act, as now or hereafter amended, and regulations
26
pursuant thereto.
The Agency shall require any NPDES permit

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LRB104 19362 BDA 32810 b
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application for a discharge of wastewater that has potential
2
to contain perfluoroalkyl and polyfluoroalkyl substances to
3
fully characterize the discharge through sample results for
4
all perfluoroalkyl and polyfluoroalkyl substances for which
5
there are accredited wastewater analytical methods.

6

The Agency, subject to any conditions which may be
7
prescribed by Board regulations, may issue NPDES permits to
8
allow discharges beyond deadlines established by this Act or
9
by regulations of the Board without the requirement of a
10
variance, subject to the Federal Water Pollution Control Act,
11
as now or hereafter amended, and regulations pursuant thereto.
12

(c) Except for those facilities owned or operated by
13
sanitary districts organized under the Metropolitan Water
14
Reclamation District Act, no permit for the development or
15
construction of a new pollution control facility may be
16
granted by the Agency unless the applicant submits proof to
17
the Agency that the location of the facility has been approved
18
by the county board of the county if in an unincorporated area,
19
or the governing body of the municipality when in an
20
incorporated area, in which the facility is to be located in
21
accordance with Section 39.2 of this Act. For purposes of this
22
subsection (c), and for purposes of Section 39.2 of this Act,
23
the appropriate county board or governing body of the
24
municipality shall be the county board of the county or the
25
governing body of the municipality in which the facility is to
26
be located as of the date when the application for siting

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LRB104 19362 BDA 32810 b
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approval is filed.
2

In the event that siting approval granted pursuant to
3
Section 39.2 has been transferred to a subsequent owner or
4
operator, that subsequent owner or operator may apply to the
5
Agency for, and the Agency may grant, a development or
6
construction permit for the facility for which local siting
7
approval was granted. Upon application to the Agency for a
8
development or construction permit by that subsequent owner or
9
operator, the permit applicant shall cause written notice of
10
the permit application to be served upon the appropriate
11
county board or governing body of the municipality that
12
granted siting approval for that facility and upon any party
13
to the siting proceeding pursuant to which siting approval was
14
granted. In that event, the Agency shall conduct an evaluation
15
of the subsequent owner or operator's prior experience in
16
waste management operations in the manner conducted under
17
subsection (i) of Section 39 of this Act.
18

Beginning August 20, 1993, if the pollution control
19
facility consists of a hazardous or solid waste disposal
20
facility for which the proposed site is located in an
21
unincorporated area of a county with a population of less than
22
100,000 and includes all or a portion of a parcel of land that
23
was, on April 1, 1993, adjacent to a municipality having a
24
population of less than 5,000, then the local siting review
25
required under this subsection (c) in conjunction with any
26
permit applied for after that date shall be performed by the

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LRB104 19362 BDA 32810 b
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governing body of that adjacent municipality rather than the
2
county board of the county in which the proposed site is
3
located; and for the purposes of that local siting review, any
4
references in this Act to the county board shall be deemed to
5
mean the governing body of that adjacent municipality;
6
provided, however, that the provisions of this paragraph shall
7
not apply to any proposed site which was, on April 1, 1993,
8
owned in whole or in part by another municipality.
9

In the case of a pollution control facility for which a
10
development permit was issued before November 12, 1981, if an
11
operating permit has not been issued by the Agency prior to
12
August 31, 1989 for any portion of the facility, then the
13
Agency may not issue or renew any development permit nor issue
14
an original operating permit for any portion of such facility
15
unless the applicant has submitted proof to the Agency that
16
the location of the facility has been approved by the
17
appropriate county board or municipal governing body pursuant
18
to Section 39.2 of this Act.
19

After January 1, 1994, if a solid waste disposal facility,
20
any portion for which an operating permit has been issued by
21
the Agency, has not accepted waste disposal for 5 or more
22
consecutive calendar years, before that facility may accept
23
any new or additional waste for disposal, the owner and
24
operator must obtain a new operating permit under this Act for
25
that facility unless the owner and operator have applied to
26
the Agency for a permit authorizing the temporary suspension

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LRB104 19362 BDA 32810 b
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of waste acceptance. The Agency may not issue a new operation
2
permit under this Act for the facility unless the applicant
3
has submitted proof to the Agency that the location of the
4
facility has been approved or re-approved by the appropriate
5
county board or municipal governing body under Section 39.2 of
6
this Act after the facility ceased accepting waste.
7

Except for those facilities owned or operated by sanitary
8
districts organized under the Metropolitan Water Reclamation
9
District Act, and except for new pollution control facilities
10
governed by Section 39.2, and except for fossil fuel mining
11
facilities, the granting of a permit under this Act shall not
12
relieve the applicant from meeting and securing all necessary
13
zoning approvals from the unit of government having zoning
14
jurisdiction over the proposed facility.
15

Before beginning construction on any new sewage treatment
16
plant or sludge drying site to be owned or operated by a
17
sanitary district organized under the Metropolitan Water
18
Reclamation District Act for which a new permit (rather than
19
the renewal or amendment of an existing permit) is required,
20
such sanitary district shall hold a public hearing within the
21
municipality within which the proposed facility is to be
22
located, or within the nearest community if the proposed
23
facility is to be located within an unincorporated area, at
24
which information concerning the proposed facility shall be
25
made available to the public, and members of the public shall
26
be given the opportunity to express their views concerning the

HB5475
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LRB104 19362 BDA 32810 b
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proposed facility.
2

The Agency may issue a permit for a municipal waste
3
transfer station without requiring approval pursuant to
4
Section 39.2 provided that the following demonstration is
5
made:
6

(1) the municipal waste transfer station was in
7

existence on or before January 1, 1979 and was in
8

continuous operation from January 1, 1979 to January 1,
9

1993;
10

(2) the operator submitted a permit application to the
11

Agency to develop and operate the municipal waste transfer
12

station during April of 1994;
13

(3) the operator can demonstrate that the county board
14

of the county, if the municipal waste transfer station is
15

in an unincorporated area, or the governing body of the
16

municipality, if the station is in an incorporated area,
17

does not object to resumption of the operation of the
18

station; and
19

(4) the site has local zoning approval.
20

(d) The Agency may issue RCRA permits exclusively under
21
this subsection to persons owning or operating a facility for
22
the treatment, storage, or disposal of hazardous waste as
23
defined under this Act. Subsection (y) of this Section, rather
24
than this subsection (d), shall apply to permits issued for
25
CCR surface impoundments.
26

All RCRA permits shall contain those terms and conditions,

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LRB104 19362 BDA 32810 b
1
including, but not limited to, schedules of compliance, which
2
may be required to accomplish the purposes and provisions of
3
this Act. The Agency may include among such conditions
4
standards and other requirements established under this Act,
5
Board regulations, the Resource Conservation and Recovery Act
6
of 1976 (P.L. 94-580), as amended, and regulations pursuant
7
thereto, and may include schedules for achieving compliance
8
therewith as soon as possible. The Agency shall require that a
9
performance bond or other security be provided as a condition
10
for the issuance of a RCRA permit.
11

In the case of a permit to operate a hazardous waste or PCB
12
incinerator as defined in subsection (k) of Section 44, the
13
Agency shall require, as a condition of the permit, that the
14
operator of the facility perform such analyses of the waste to
15
be incinerated as may be necessary and appropriate to ensure
16
the safe operation of the incinerator.
17

The Agency shall adopt filing requirements and procedures
18
which are necessary and appropriate for the issuance of RCRA
19
permits, and which are consistent with the Act or regulations
20
adopted by the Board, and with the Resource Conservation and
21
Recovery Act of 1976 (P.L. 94-580), as amended, and
22
regulations pursuant thereto.
23

The applicant shall make available to the public for
24
inspection all documents submitted by the applicant to the
25
Agency in furtherance of an application, with the exception of
26
trade secrets, at the office of the county board or governing

HB5475
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1
body of the municipality. Such documents may be copied upon
2
payment of the actual cost of reproduction during regular
3
business hours of the local office. The Agency shall issue a
4
written statement concurrent with its grant or denial of the
5
permit explaining the basis for its decision.
6

(e) The Agency may issue UIC permits exclusively under
7
this subsection to persons owning or operating a facility for
8
the underground injection of contaminants as defined under
9
this Act.
10

All UIC permits shall contain those terms and conditions,
11
including, but not limited to, schedules of compliance, which
12
may be required to accomplish the purposes and provisions of
13
this Act. The Agency may include among such conditions
14
standards and other requirements established under this Act,
15
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
16
as amended, and regulations pursuant thereto, and may include
17
schedules for achieving compliance therewith. The Agency shall
18
require that a performance bond or other security be provided
19
as a condition for the issuance of a UIC permit.
20

The Agency shall adopt filing requirements and procedures
21
which are necessary and appropriate for the issuance of UIC
22
permits, and which are consistent with the Act or regulations
23
adopted by the Board, and with the Safe Drinking Water Act
24
(P.L. 93-523), as amended, and regulations pursuant thereto.
25

The applicant shall make available to the public for
26
inspection all documents submitted by the applicant to the

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LRB104 19362 BDA 32810 b
1
Agency in furtherance of an application, with the exception of
2
trade secrets, at the office of the county board or governing
3
body of the municipality. Such documents may be copied upon
4
payment of the actual cost of reproduction during regular
5
business hours of the local office. The Agency shall issue a
6
written statement concurrent with its grant or denial of the
7
permit explaining the basis for its decision.
8

(f) In making any determination pursuant to Section 9.1 of
9
this Act:
10

(1) The Agency shall have authority to make the
11

determination of any question required to be determined by
12

the Clean Air Act, as now or hereafter amended, this Act,
13

or the regulations of the Board, including the
14

determination of the Lowest Achievable Emission Rate,
15

Maximum Achievable Control Technology, or Best Available
16

Control Technology, consistent with the Board's
17

regulations, if any.
18

(2) The Agency shall adopt requirements as necessary
19

to implement public participation procedures, including,
20

but not limited to, public notice, comment, and an
21

opportunity for hearing, which must accompany the
22

processing of applications for PSD permits. The Agency
23

shall briefly describe and respond to all significant
24

comments on the draft permit raised during the public
25

comment period or during any hearing. The Agency may group
26

related comments together and provide one unified response

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LRB104 19362 BDA 32810 b
1

for each issue raised.
2

(3) Any complete permit application submitted to the
3

Agency under this subsection for a PSD permit shall be
4

granted or denied by the Agency not later than one year
5

after the filing of such completed application.
6

(4) The Agency shall, after conferring with the
7

applicant, give written notice to the applicant of its
8

proposed decision on the application, including the terms
9

and conditions of the permit to be issued and the facts,
10

conduct, or other basis upon which the Agency will rely to
11

support its proposed action.
12

(g) The Agency shall include as conditions upon all
13
permits issued for hazardous waste disposal sites such
14
restrictions upon the future use of such sites as are
15
reasonably necessary to protect public health and the
16
environment, including permanent prohibition of the use of
17
such sites for purposes which may create an unreasonable risk
18
of injury to human health or to the environment. After
19
administrative and judicial challenges to such restrictions
20
have been exhausted, the Agency shall file such restrictions
21
of record in the Office of the Recorder of the county in which
22
the hazardous waste disposal site is located.
23

(h) A hazardous waste stream may not be deposited in a
24
permitted hazardous waste site unless specific authorization
25
is obtained from the Agency by the generator and disposal site
26
owner and operator for the deposit of that specific hazardous

HB5475
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LRB104 19362 BDA 32810 b
1
waste stream. The Agency may grant specific authorization for
2
disposal of hazardous waste streams only after the generator
3
has reasonably demonstrated that, considering technological
4
feasibility and economic reasonableness, the hazardous waste
5
cannot be reasonably recycled for reuse, nor incinerated or
6
chemically, physically, or biologically treated so as to
7
neutralize the hazardous waste and render it nonhazardous. In
8
granting authorization under this Section, the Agency may
9
impose such conditions as may be necessary to accomplish the
10
purposes of the Act and are consistent with this Act and
11
regulations promulgated by the Board hereunder. If the Agency
12
refuses to grant authorization under this Section, the
13
applicant may appeal as if the Agency refused to grant a
14
permit, pursuant to the provisions of subsection (a) of
15
Section 40 of this Act. For purposes of this subsection (h),
16
the term "generator" has the meaning given in Section 3.205 of
17
this Act, unless: (1) the hazardous waste is treated,
18
incinerated, or partially recycled for reuse prior to
19
disposal, in which case the last person who treats,
20
incinerates, or partially recycles the hazardous waste prior
21
to disposal is the generator; or (2) the hazardous waste is
22
from a response action, in which case the person performing
23
the response action is the generator. This subsection (h) does
24
not apply to any hazardous waste that is restricted from land
25
disposal under 35 Ill. Adm. Code 728.
26

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

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1
storage site, sanitary landfill, waste disposal site, waste
2
transfer station, waste treatment facility, waste incinerator,
3
or any waste-transportation operation, any permit or interim
4
authorization for a clean construction or demolition debris
5
fill operation, or any permit required under subsection (d-5)
6
of Section 55, the Agency shall conduct an evaluation of the
7
prospective owner's or operator's prior experience in waste
8
management operations, clean construction or demolition debris
9
fill operations, and tire storage site management. The Agency
10
may deny such a permit, or deny or revoke interim
11
authorization, if the prospective owner or operator or any
12
employee or officer of the prospective owner or operator has a
13
history of:
14

(1) repeated violations of federal, State, or local
15

laws, regulations, standards, or ordinances in the
16

operation of waste management facilities or sites, clean
17

construction or demolition debris fill operation
18

facilities or sites, or tire storage sites; or
19

(2) conviction in this or another State of any crime
20

which is a felony under the laws of this State, or
21

conviction of a felony in a federal court; or conviction
22

in this or another state or federal court of any of the
23

following crimes: forgery, official misconduct, bribery,
24

perjury, or knowingly submitting false information under
25

any environmental law, regulation, or permit term or
26

condition; or

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(3) proof of gross carelessness or incompetence in
2

handling, storing, processing, transporting, or disposing
3

of waste, clean construction or demolition debris, or used
4

or waste tires, or proof of gross carelessness or
5

incompetence in using clean construction or demolition
6

debris as fill.
7

(i-5) Before issuing any permit or approving any interim
8
authorization for a clean construction or demolition debris
9
fill operation in which any ownership interest is transferred
10
between January 1, 2005, and the effective date of the
11
prohibition set forth in Section 22.52 of this Act, the Agency
12
shall conduct an evaluation of the operation if any previous
13
activities at the site or facility may have caused or allowed
14
contamination of the site. It shall be the responsibility of
15
the owner or operator seeking the permit or interim
16
authorization to provide to the Agency all of the information
17
necessary for the Agency to conduct its evaluation. The Agency
18
may deny a permit or interim authorization if previous
19
activities at the site may have caused or allowed
20
contamination at the site, unless such contamination is
21
authorized under any permit issued by the Agency.
22

(j) The issuance under this Act of a permit to engage in
23
the surface mining of any resources other than fossil fuels
24
shall not relieve the permittee from its duty to comply with
25
any applicable local law regulating the commencement,
26
location, or operation of surface mining facilities.

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(k) A development permit issued under subsection (a) of
2
Section 39 for any facility or site which is required to have a
3
permit under subsection (d) of Section 21 shall expire at the
4
end of 2 calendar years from the date upon which it was issued,
5
unless within that period the applicant has taken action to
6
develop the facility or the site. In the event that review of
7
the conditions of the development permit is sought pursuant to
8
Section 40 or 41, or permittee is prevented from commencing
9
development of the facility or site by any other litigation
10
beyond the permittee's control, such two-year period shall be
11
deemed to begin on the date upon which such review process or
12
litigation is concluded.
13

(l) No permit shall be issued by the Agency under this Act
14
for construction or operation of any facility or site located
15
within the boundaries of any setback zone established pursuant
16
to this Act, where such construction or operation is
17
prohibited.
18

(m) The Agency may issue permits to persons owning or
19
operating a facility for composting landscape waste. In
20
granting such permits, the Agency may impose such conditions
21
as may be necessary to accomplish the purposes of this Act, and
22
as are not inconsistent with applicable regulations
23
promulgated by the Board. Except as otherwise provided in this
24
Act, a bond or other security shall not be required as a
25
condition for the issuance of a permit. If the Agency denies
26
any permit pursuant to this subsection, the Agency shall

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transmit to the applicant within the time limitations of this
2
subsection specific, detailed statements as to the reasons the
3
permit application was denied. Such statements shall include
4
but not be limited to the following:
5

(1) the Sections of this Act that may be violated if
6

the permit were granted;
7

(2) the specific regulations promulgated pursuant to
8

this Act that may be violated if the permit were granted;
9

(3) the specific information, if any, the Agency deems
10

the applicant did not provide in its application to the
11

Agency; and
12

(4) a statement of specific reasons why the Act and
13

the regulations might be violated if the permit were
14

granted.
15

If no final action is taken by the Agency within 90 days
16
after the filing of the application for permit, the applicant
17
may deem the permit issued. Any applicant for a permit may
18
waive the 90-day limitation by filing a written statement with
19
the Agency.
20

The Agency shall issue permits for such facilities upon
21
receipt of an application that includes a legal description of
22
the site, a topographic map of the site drawn to the scale of
23
200 feet to the inch or larger, a description of the operation,
24
including the area served, an estimate of the volume of
25
materials to be processed, and documentation that:
26

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

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feet from the nearest potable water supply well;
2

(2) the facility is located outside the boundary of
3

the 10-year floodplain or the site will be floodproofed;
4

(3) the facility is located so as to minimize
5

incompatibility with the character of the surrounding
6

area, including at least a 200 foot setback from any
7

residence, and in the case of a facility that is developed
8

or the permitted composting area of which is expanded
9

after November 17, 1991, the composting area is located at
10

least 1/8 mile from the nearest residence (other than a
11

residence located on the same property as the facility);
12

(4) the design of the facility will prevent any
13

compost material from being placed within 5 feet of the
14

water table, will adequately control runoff from the site,
15

and will collect and manage any leachate that is generated
16

on the site;
17

(5) the operation of the facility will include
18

appropriate dust and odor control measures, limitations on
19

operating hours, appropriate noise control measures for
20

shredding, chipping and similar equipment, management
21

procedures for composting, containment and disposal of
22

non-compostable wastes, procedures to be used for
23

terminating operations at the site, and recordkeeping
24

sufficient to document the amount of materials received,
25

composted, and otherwise disposed of; and
26

(6) the operation will be conducted in accordance with

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any applicable rules adopted by the Board.
2

The Agency shall issue renewable permits of not longer
3
than 10 years in duration for the composting of landscape
4
wastes, as defined in Section 3.155 of this Act, based on the
5
above requirements.
6

The operator of any facility permitted under this
7
subsection (m) must submit a written annual statement to the
8
Agency on or before April 1 of each year that includes an
9
estimate of the amount of material, in tons, received for
10
composting.
11

(n) The Agency shall issue permits jointly with the
12
Department of Transportation for the dredging or deposit of
13
material in Lake Michigan in accordance with Section 18 of the
14
Rivers, Lakes, and Streams Act.
15

(o) (Blank).
16

(p) (1) Any person submitting an application for a permit
17
for a new MSWLF unit or for a lateral expansion under
18
subsection (t) of Section 21 of this Act for an existing MSWLF
19
unit that has not received and is not subject to local siting
20
approval under Section 39.2 of this Act shall publish notice
21
of the application in a newspaper of general circulation in
22
the county in which the MSWLF unit is or is proposed to be
23
located. The notice must be published at least 15 days before
24
submission of the permit application to the Agency. The notice
25
shall state the name and address of the applicant, the
26
location of the MSWLF unit or proposed MSWLF unit, the nature

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and size of the MSWLF unit or proposed MSWLF unit, the nature
2
of the activity proposed, the probable life of the proposed
3
activity, the date the permit application will be submitted,
4
and a statement that persons may file written comments with
5
the Agency concerning the permit application within 30 days
6
after the filing of the permit application unless the time
7
period to submit comments is extended by the Agency.
8

When a permit applicant submits information to the Agency
9
to supplement a permit application being reviewed by the
10
Agency, the applicant shall not be required to reissue the
11
notice under this subsection.
12

(2) The Agency shall accept written comments concerning
13
the permit application that are postmarked no later than 30
14
days after the filing of the permit application, unless the
15
time period to accept comments is extended by the Agency.
16

(3) Each applicant for a permit described in part (1) of
17
this subsection shall file a copy of the permit application
18
with the county board or governing body of the municipality in
19
which the MSWLF unit is or is proposed to be located at the
20
same time the application is submitted to the Agency. The
21
permit application filed with the county board or governing
22
body of the municipality shall include all documents submitted
23
to or to be submitted to the Agency, except trade secrets as
24
determined under Section 7.1 of this Act. The permit
25
application and other documents on file with the county board
26
or governing body of the municipality shall be made available

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1
for public inspection during regular business hours at the
2
office of the county board or the governing body of the
3
municipality and may be copied upon payment of the actual cost
4
of reproduction.
5

(q) Within 6 months after July 12, 2011 (the effective
6
date of Public Act 97-95), the Agency, in consultation with
7
the regulated community, shall develop a web portal to be
8
posted on its website for the purpose of enhancing review and
9
promoting timely issuance of permits required by this Act. At
10
a minimum, the Agency shall make the following information
11
available on the web portal:
12

(1) Checklists and guidance relating to the completion
13

of permit applications, developed pursuant to subsection
14

(s) of this Section, which may include, but are not
15

limited to, existing instructions for completing the
16

applications and examples of complete applications. As the
17

Agency develops new checklists and develops guidance, it
18

shall supplement the web portal with those materials.
19

(2) Within 2 years after July 12, 2011 (the effective
20

date of Public Act 97-95), permit application forms or
21

portions of permit applications that can be completed and
22

saved electronically, and submitted to the Agency
23

electronically with digital signatures.
24

(3) Within 2 years after July 12, 2011 (the effective
25

date of Public Act 97-95), an online tracking system where
26

an applicant may review the status of its pending

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1

application, including the name and contact information of
2

the permit analyst assigned to the application. Until the
3

online tracking system has been developed, the Agency
4

shall post on its website semi-annual permitting
5

efficiency tracking reports that include statistics on the
6

timeframes for Agency action on the following types of
7

permits received after July 12, 2011 (the effective date
8

of Public Act 97-95): air construction permits, new NPDES
9

permits and associated water construction permits, and
10

modifications of major NPDES permits and associated water
11

construction permits. The reports must be posted by
12

February 1 and August 1 each year and shall include:
13

(A) the number of applications received for each
14

type of permit, the number of applications on which
15

the Agency has taken action, and the number of
16

applications still pending; and
17

(B) for those applications where the Agency has
18

not taken action in accordance with the timeframes set
19

forth in this Act, the date the application was
20

received and the reasons for any delays, which may
21

include, but shall not be limited to, (i) the
22

application being inadequate or incomplete, (ii)
23

scientific or technical disagreements with the
24

applicant, USEPA, or other local, state, or federal
25

agencies involved in the permitting approval process,
26

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

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staffing shortages. To the extent practicable, the
2

tracking report shall provide approximate dates when
3

cause for delay was identified by the Agency, when the
4

Agency informed the applicant of the problem leading
5

to the delay, and when the applicant remedied the
6

reason for the delay.
7

(r) Upon the request of the applicant, the Agency shall
8
notify the applicant of the permit analyst assigned to the
9
application upon its receipt.
10

(s) The Agency is authorized to prepare and distribute
11
guidance documents relating to its administration of this
12
Section and procedural rules implementing this Section.
13
Guidance documents prepared under this subsection shall not be
14
considered rules and shall not be subject to the Illinois
15
Administrative Procedure Act. Such guidance shall not be
16
binding on any party.
17

(t) Except as otherwise prohibited by federal law or
18
regulation, any person submitting an application for a permit
19
may include with the application suggested permit language for
20
Agency consideration. The Agency is not obligated to use the
21
suggested language or any portion thereof in its permitting
22
decision. If requested by the permit applicant, the Agency
23
shall meet with the applicant to discuss the suggested
24
language.
25

(u) If requested by the permit applicant, the Agency shall
26
provide the permit applicant with a copy of the draft permit

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1
prior to any public review period.
2

(v) If requested by the permit applicant, the Agency shall
3
provide the permit applicant with a copy of the final permit
4
prior to its issuance.
5

(w) An air pollution permit shall not be required due to
6
emissions of greenhouse gases, as specified by Section 9.15 of
7
this Act.
8

(x) If, before the expiration of a State operating permit
9
that is issued pursuant to subsection (a) of this Section and
10
contains federally enforceable conditions limiting the
11
potential to emit of the source to a level below the major
12
source threshold for that source so as to exclude the source
13
from the Clean Air Act Permit Program, the Agency receives a
14
complete application for the renewal of that permit, then all
15
of the terms and conditions of the permit shall remain in
16
effect until final administrative action has been taken on the
17
application for the renewal of the permit.
18

(y) The Agency may issue permits exclusively under this
19
subsection to persons owning or operating a CCR surface
20
impoundment subject to Section 22.59.
21

(z) If a mass animal mortality event is declared by the
22
Department of Agriculture in accordance with the Animal
23
Mortality Act:
24

(1) the owner or operator responsible for the disposal
25

of dead animals is exempted from the following:
26

(i) obtaining a permit for the construction,

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1

installation, or operation of any type of facility or
2

equipment issued in accordance with subsection (a) of
3

this Section;
4

(ii) obtaining a permit for open burning in
5

accordance with the rules adopted by the Board; and
6

(iii) registering the disposal of dead animals as
7

an eligible small source with the Agency in accordance
8

with Section 9.14 of this Act;
9

(2) as applicable, the owner or operator responsible
10

for the disposal of dead animals is required to obtain the
11

following permits:
12

(i) an NPDES permit in accordance with subsection
13

(b) of this Section;
14

(ii) a PSD permit or an NA NSR permit in accordance
15

with Section 9.1 of this Act;
16

(iii) a lifetime State operating permit or a
17

federally enforceable State operating permit, in
18

accordance with subsection (a) of this Section; or
19

(iv) a CAAPP permit, in accordance with Section
20

39.5 of this Act.
21

All CCR surface impoundment permits shall contain those
22
terms and conditions, including, but not limited to, schedules
23
of compliance, which may be required to accomplish the
24
purposes and provisions of this Act, Board regulations, the
25
Illinois Groundwater Protection Act and regulations pursuant
26
thereto, and the Resource Conservation and Recovery Act and

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1
regulations pursuant thereto, and may include schedules for
2
achieving compliance therewith as soon as possible.
3

The Board shall adopt filing requirements and procedures
4
that are necessary and appropriate for the issuance of CCR
5
surface impoundment permits and that are consistent with this
6
Act or regulations adopted by the Board, and with the RCRA, as
7
amended, and regulations pursuant thereto.
8

The applicant shall make available to the public for
9
inspection all documents submitted by the applicant to the
10
Agency in furtherance of an application, with the exception of
11
trade secrets, on its public internet website as well as at the
12
office of the county board or governing body of the
13
municipality where CCR from the CCR surface impoundment will
14
be permanently disposed. Such documents may be copied upon
15
payment of the actual cost of reproduction during regular
16
business hours of the local office.
17

The Agency shall issue a written statement concurrent with
18
its grant or denial of the permit explaining the basis for its
19
decision.
20
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
21
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

22

(Text of Section after amendment by P.A. 104-458
)
23

Sec. 39.
Issuance of permits; procedures.
24

(a) When the Board has by regulation required a permit for
25
the construction, installation, or operation of any type of

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LRB104 19362 BDA 32810 b
1
facility, equipment, vehicle, vessel, or aircraft, the
2
applicant shall apply to the Agency for such permit and it
3
shall be the duty of the Agency to issue such a permit upon
4
proof by the applicant that the facility, equipment, vehicle,
5
vessel, or aircraft will not cause a violation of this Act or
6
of regulations hereunder. The Agency shall adopt such
7
procedures as are necessary to carry out its duties under this
8
Section. In making its determinations on permit applications
9
under this Section the Agency may consider prior adjudications
10
of noncompliance with this Act by the applicant that involved
11
a release of a contaminant into the environment. In granting
12
permits, the Agency may impose reasonable conditions
13
specifically related to the applicant's past compliance
14
history with this Act as necessary to correct, detect, or
15
prevent noncompliance. The Agency may impose such other
16
conditions as may be necessary to accomplish the purposes of
17
this Act, and as are not inconsistent with the regulations
18
promulgated by the Board hereunder. Except as otherwise
19
provided in this Act, a bond or other security shall not be
20
required as a condition for the issuance of a permit. If the
21
Agency denies any permit under this Section, the Agency shall
22
transmit to the applicant within the time limitations of this
23
Section specific, detailed statements as to the reasons the
24
permit application was denied. Such statements shall include,
25
but not be limited to, the following:
26

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

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1

the permit were granted;
2

(ii) the provision of the regulations, promulgated
3

under this Act, which may be violated if the permit were
4

granted;
5

(iii) the specific type of information, if any, which
6

the Agency deems the applicant did not provide the Agency;
7

and
8

(iv) a statement of specific reasons why the Act and
9

the regulations might not be met if the permit were
10

granted.
11

If there is no final action by the Agency within 90 days
12
after the filing of the application for permit, the applicant
13
may deem the permit issued; except that this time period shall
14
be extended to 180 days when (1) notice and opportunity for
15
public hearing are required by State or federal law or
16
regulation, (2) the application which was filed is for any
17
permit to develop a landfill subject to issuance pursuant to
18
this subsection, or (3) the application that was filed is for a
19
MSWLF unit required to issue public notice under subsection
20
(p) of Section 39. The 90-day and 180-day time periods for the
21
Agency to take final action do not apply to NPDES permit
22
applications under subsection (b) of this Section, to RCRA
23
permit applications under subsection (d) of this Section, to
24
UIC permit applications under subsection (e) of this Section,
25
or to CCR surface impoundment applications under subsection
26
(y) of this Section.

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1

The Agency shall publish notice of all final permit
2
determinations for development permits for MSWLF units and for
3
significant permit modifications for lateral expansions for
4
existing MSWLF units one time in a newspaper of general
5
circulation in the county in which the unit is or is proposed
6
to be located.
7

After January 1, 1994 and until July 1, 1998, operating
8
permits issued under this Section by the Agency for sources of
9
air pollution permitted to emit less than 25 tons per year of
10
any combination of regulated air pollutants, as defined in
11
Section 39.5 of this Act, shall be required to be renewed only
12
upon written request by the Agency consistent with applicable
13
provisions of this Act and regulations promulgated hereunder.
14
Such operating permits shall expire 180 days after the date of
15
such a request. The Board shall revise its regulations for the
16
existing State air pollution operating permit program
17
consistent with this provision by January 1, 1994.
18

After June 30, 1998, operating permits issued under this
19
Section by the Agency for sources of air pollution that are not
20
subject to Section 39.5 of this Act and are not required to
21
have a federally enforceable State operating permit shall be
22
required to be renewed only upon written request by the Agency
23
consistent with applicable provisions of this Act and its
24
rules. Such operating permits shall expire 180 days after the
25
date of such a request. Before July 1, 1998, the Board shall
26
revise its rules for the existing State air pollution

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1
operating permit program consistent with this paragraph and
2
shall adopt rules that require a source to demonstrate that it
3
qualifies for a permit under this paragraph.
4

Each air pollution construction permit for diesel powered
5
backup generators to a source that is a data center, as defined
6
in subsection (c) of Section 605-1025 of the Department of
7
Commerce and Economic Opportunity Law of the Civil
8
Administrative Code of Illinois, that is applied for 6 months
9
after the effective date of this amendatory Act of the 104th
10
General Assembly and that is required to have a federally
11
enforceable State operating permit or a Clean Air Act Permit
12
Program permit shall, in addition to any other applicable
13
requirements, require each backup generator to: (i) meet
14
standards at least as protective as Tier 4 standards for
15
non-road diesel engines set out by the United States
16
Environmental Protection Agency in 40 CFR 1039, as it exists
17
on the effective date of this amendatory Act of the 104th
18
General Assembly, and (ii) operate solely as an emergency or
19
standby unit in accordance with 35 Ill. Adm. Code 211.1920, as
20
it exists on the effective date of this amendatory Act of the
21
104th General Assembly. If a diesel powered backup generator
22
becomes out of compliance with the Tier 4 standards for
23
non-road compression-ignition engines during a power outage,
24
the backup generator may (1) continue to operate for up to 24
25
sequential hours after becoming noncompliant with the Tier 4
26
standards or (2) operate when compliance is achieved.

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1
Notwithstanding any provision of law to the contrary,
2
operation of the backup generator for up to 24 sequential
3
hours after becoming noncompliant with the Tier 4 standards
4
shall not be considered a violation of the permit.
5

Each air pollution construction permit for natural gas
6
powered backup generators for a source that is a data center,
7
as defined in subsection (c) of Section 605-1025 of the
8
Department of Commerce and Economic Opportunity Law of the
9
Civil Administrative Code of Illinois, that is applied for 6
10
months after the effective date of this amendatory Act of the
11
104th General Assembly and that is required to have a
12
federally enforceable State operating permit or a Clean Air
13
Act Permit Program permit shall, in addition to any other
14
applicable requirements, require each backup generator to: (i)
15
meet standards at least as protective as Tier 2 standards for
16
non-road large spark-ignition engines set out by the United
17
States Environmental Protection Agency in 40 CFR 1048, as it
18
exists on the effective date of this amendatory Act of the
19
104th General Assembly, and (ii) operate solely as an
20
emergency or standby unit in accordance with 35 Ill. Adm. Code
21
211.1920, as it exists on the effective date of this
22
amendatory Act of the 104th General Assembly. If a natural gas
23
powered backup generator becomes out of compliance with the
24
Tier 2 standards for non-road large spark-ignition engines
25
during a power outage, the backup generator may (1) continue
26
to operate for up to 24 sequential hours after becoming

HB5475
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LRB104 19362 BDA 32810 b
1
noncompliant with the Tier 2 standards or (2) operate when
2
compliance is achieved. Notwithstanding any provision of law
3
to the contrary, operation of the backup generator for up to 24
4
sequential hours after becoming noncompliant with the Tier 2
5
standards shall not be considered a violation of the permit.
6

(b) The Agency may issue NPDES permits exclusively under
7
this subsection for the discharge of contaminants from point
8
sources into navigable waters, all as defined in the Federal
9
Water Pollution Control Act, as now or hereafter amended,
10
within the jurisdiction of the State, or into any well.
11

All NPDES permits shall contain those terms and
12
conditions, including, but not limited to, schedules of
13
compliance, which may be required to accomplish the purposes
14
and provisions of this Act.
All NPDES permits authorizing a
15
discharge from a facility designated by the Agency and the
16
USEPA as a major facility, shall require, at a minimum, for
17
publicly owned treatment works require periodic sampling of
18
influent, effluent, and biosolids for all perfluoroalkyl and
19
polyfluoroalkyl substances for which there are accredited
20
wastewater analytical methods and for all of the facilities,
21
periodic effluent sampling for all perfluoroalkyl and
22
polyfluoroalkyl substances for which there are accredited
23
wastewater analytical methods.

24

The Agency may issue general NPDES permits for discharges
25
from categories of point sources which are subject to the same
26
permit limitations and conditions. Such general permits may be

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1
issued without individual applications and shall conform to
2
regulations promulgated under Section 402 of the Federal Water
3
Pollution Control Act, as now or hereafter amended.
4

The Agency may include, among such conditions, effluent
5
limitations and other requirements established under this Act,
6
Board regulations, the Federal Water Pollution Control Act, as
7
now or hereafter amended, and regulations pursuant thereto,
8
and schedules for achieving compliance therewith at the
9
earliest reasonable date.
10

The Agency shall adopt filing requirements and procedures
11
which are necessary and appropriate for the issuance of NPDES
12
permits, and which are consistent with the Act or regulations
13
adopted by the Board, and with the Federal Water Pollution
14
Control Act, as now or hereafter amended, and regulations
15
pursuant thereto.
The Agency shall require any NPDES permit
16
application for a discharge of wastewater that has potential
17
to contain perfluoroalkyl and polyfluoroalkyl substances to
18
fully characterize the discharge through sample results for
19
all perfluoroalkyl and polyfluoroalkyl substances for which
20
there are accredited wastewater analytical methods.

21

The Agency, subject to any conditions which may be
22
prescribed by Board regulations, may issue NPDES permits to
23
allow discharges beyond deadlines established by this Act or
24
by regulations of the Board without the requirement of a
25
variance, subject to the Federal Water Pollution Control Act,
26
as now or hereafter amended, and regulations pursuant thereto.

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(c) Except for those facilities owned or operated by
2
sanitary districts organized under the Metropolitan Water
3
Reclamation District Act, no permit for the development or
4
construction of a new pollution control facility may be
5
granted by the Agency unless the applicant submits proof to
6
the Agency that the location of the facility has been approved
7
by the county board of the county if in an unincorporated area,
8
or the governing body of the municipality when in an
9
incorporated area, in which the facility is to be located in
10
accordance with Section 39.2 of this Act. For purposes of this
11
subsection (c), and for purposes of Section 39.2 of this Act,
12
the appropriate county board or governing body of the
13
municipality shall be the county board of the county or the
14
governing body of the municipality in which the facility is to
15
be located as of the date when the application for siting
16
approval is filed.
17

In the event that siting approval granted pursuant to
18
Section 39.2 has been transferred to a subsequent owner or
19
operator, that subsequent owner or operator may apply to the
20
Agency for, and the Agency may grant, a development or
21
construction permit for the facility for which local siting
22
approval was granted. Upon application to the Agency for a
23
development or construction permit by that subsequent owner or
24
operator, the permit applicant shall cause written notice of
25
the permit application to be served upon the appropriate
26
county board or governing body of the municipality that

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granted siting approval for that facility and upon any party
2
to the siting proceeding pursuant to which siting approval was
3
granted. In that event, the Agency shall conduct an evaluation
4
of the subsequent owner or operator's prior experience in
5
waste management operations in the manner conducted under
6
subsection (i) of Section 39 of this Act.
7

Beginning August 20, 1993, if the pollution control
8
facility consists of a hazardous or solid waste disposal
9
facility for which the proposed site is located in an
10
unincorporated area of a county with a population of less than
11
100,000 and includes all or a portion of a parcel of land that
12
was, on April 1, 1993, adjacent to a municipality having a
13
population of less than 5,000, then the local siting review
14
required under this subsection (c) in conjunction with any
15
permit applied for after that date shall be performed by the
16
governing body of that adjacent municipality rather than the
17
county board of the county in which the proposed site is
18
located; and for the purposes of that local siting review, any
19
references in this Act to the county board shall be deemed to
20
mean the governing body of that adjacent municipality;
21
provided, however, that the provisions of this paragraph shall
22
not apply to any proposed site which was, on April 1, 1993,
23
owned in whole or in part by another municipality.
24

In the case of a pollution control facility for which a
25
development permit was issued before November 12, 1981, if an
26
operating permit has not been issued by the Agency prior to

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August 31, 1989 for any portion of the facility, then the
2
Agency may not issue or renew any development permit nor issue
3
an original operating permit for any portion of such facility
4
unless the applicant has submitted proof to the Agency that
5
the location of the facility has been approved by the
6
appropriate county board or municipal governing body pursuant
7
to Section 39.2 of this Act.
8

After January 1, 1994, if a solid waste disposal facility,
9
any portion for which an operating permit has been issued by
10
the Agency, has not accepted waste disposal for 5 or more
11
consecutive calendar years, before that facility may accept
12
any new or additional waste for disposal, the owner and
13
operator must obtain a new operating permit under this Act for
14
that facility unless the owner and operator have applied to
15
the Agency for a permit authorizing the temporary suspension
16
of waste acceptance. The Agency may not issue a new operation
17
permit under this Act for the facility unless the applicant
18
has submitted proof to the Agency that the location of the
19
facility has been approved or re-approved by the appropriate
20
county board or municipal governing body under Section 39.2 of
21
this Act after the facility ceased accepting waste.
22

Except for those facilities owned or operated by sanitary
23
districts organized under the Metropolitan Water Reclamation
24
District Act, and except for new pollution control facilities
25
governed by Section 39.2, and except for fossil fuel mining
26
facilities, the granting of a permit under this Act shall not

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relieve the applicant from meeting and securing all necessary
2
zoning approvals from the unit of government having zoning
3
jurisdiction over the proposed facility.
4

Before beginning construction on any new sewage treatment
5
plant or sludge drying site to be owned or operated by a
6
sanitary district organized under the Metropolitan Water
7
Reclamation District Act for which a new permit (rather than
8
the renewal or amendment of an existing permit) is required,
9
such sanitary district shall hold a public hearing within the
10
municipality within which the proposed facility is to be
11
located, or within the nearest community if the proposed
12
facility is to be located within an unincorporated area, at
13
which information concerning the proposed facility shall be
14
made available to the public, and members of the public shall
15
be given the opportunity to express their views concerning the
16
proposed facility.
17

The Agency may issue a permit for a municipal waste
18
transfer station without requiring approval pursuant to
19
Section 39.2 provided that the following demonstration is
20
made:
21

(1) the municipal waste transfer station was in
22

existence on or before January 1, 1979 and was in
23

continuous operation from January 1, 1979 to January 1,
24

1993;
25

(2) the operator submitted a permit application to the
26

Agency to develop and operate the municipal waste transfer

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station during April of 1994;
2

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

of the county, if the municipal waste transfer station is
4

in an unincorporated area, or the governing body of the
5

municipality, if the station is in an incorporated area,
6

does not object to resumption of the operation of the
7

station; and
8

(4) the site has local zoning approval.
9

(d) The Agency may issue RCRA permits exclusively under
10
this subsection to persons owning or operating a facility for
11
the treatment, storage, or disposal of hazardous waste as
12
defined under this Act. Subsection (y) of this Section, rather
13
than this subsection (d), shall apply to permits issued for
14
CCR surface impoundments.
15

All RCRA permits shall contain those terms and conditions,
16
including, but not limited to, schedules of compliance, which
17
may be required to accomplish the purposes and provisions of
18
this Act. The Agency may include among such conditions
19
standards and other requirements established under this Act,
20
Board regulations, the Resource Conservation and Recovery Act
21
of 1976 (P.L. 94-580), as amended, and regulations pursuant
22
thereto, and may include schedules for achieving compliance
23
therewith as soon as possible. The Agency shall require that a
24
performance bond or other security be provided as a condition
25
for the issuance of a RCRA permit.
26

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

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incinerator as defined in subsection (k) of Section 44, the
2
Agency shall require, as a condition of the permit, that the
3
operator of the facility perform such analyses of the waste to
4
be incinerated as may be necessary and appropriate to ensure
5
the safe operation of the incinerator.
6

The Agency shall adopt filing requirements and procedures
7
which are necessary and appropriate for the issuance of RCRA
8
permits, and which are consistent with the Act or regulations
9
adopted by the Board, and with the Resource Conservation and
10
Recovery Act of 1976 (P.L. 94-580), as amended, and
11
regulations pursuant thereto.
12

The applicant shall make available to the public for
13
inspection all documents submitted by the applicant to the
14
Agency in furtherance of an application, with the exception of
15
trade secrets, at the office of the county board or governing
16
body of the municipality. Such documents may be copied upon
17
payment of the actual cost of reproduction during regular
18
business hours of the local office. The Agency shall issue a
19
written statement concurrent with its grant or denial of the
20
permit explaining the basis for its decision.
21

(e) The Agency may issue UIC permits exclusively under
22
this subsection to persons owning or operating a facility for
23
the underground injection of contaminants as defined under
24
this Act.
25

All UIC permits shall contain those terms and conditions,
26
including, but not limited to, schedules of compliance, which

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may be required to accomplish the purposes and provisions of
2
this Act. The Agency may include among such conditions
3
standards and other requirements established under this Act,
4
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
5
as amended, and regulations pursuant thereto, and may include
6
schedules for achieving compliance therewith. The Agency shall
7
require that a performance bond or other security be provided
8
as a condition for the issuance of a UIC permit.
9

The Agency shall adopt filing requirements and procedures
10
which are necessary and appropriate for the issuance of UIC
11
permits, and which are consistent with the Act or regulations
12
adopted by the Board, and with the Safe Drinking Water Act
13
(P.L. 93-523), as amended, and regulations pursuant thereto.
14

The applicant shall make available to the public for
15
inspection all documents submitted by the applicant to the
16
Agency in furtherance of an application, with the exception of
17
trade secrets, at the office of the county board or governing
18
body of the municipality. Such documents may be copied upon
19
payment of the actual cost of reproduction during regular
20
business hours of the local office. The Agency shall issue a
21
written statement concurrent with its grant or denial of the
22
permit explaining the basis for its decision.
23

(f) In making any determination pursuant to Section 9.1 of
24
this Act:
25

(1) The Agency shall have authority to make the
26

determination of any question required to be determined by

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the Clean Air Act, as now or hereafter amended, this Act,
2

or the regulations of the Board, including the
3

determination of the Lowest Achievable Emission Rate,
4

Maximum Achievable Control Technology, or Best Available
5

Control Technology, consistent with the Board's
6

regulations, if any.
7

(2) The Agency shall adopt requirements as necessary
8

to implement public participation procedures, including,
9

but not limited to, public notice, comment, and an
10

opportunity for hearing, which must accompany the
11

processing of applications for PSD permits. The Agency
12

shall briefly describe and respond to all significant
13

comments on the draft permit raised during the public
14

comment period or during any hearing. The Agency may group
15

related comments together and provide one unified response
16

for each issue raised.
17

(3) Any complete permit application submitted to the
18

Agency under this subsection for a PSD permit shall be
19

granted or denied by the Agency not later than one year
20

after the filing of such completed application.
21

(4) The Agency shall, after conferring with the
22

applicant, give written notice to the applicant of its
23

proposed decision on the application, including the terms
24

and conditions of the permit to be issued and the facts,
25

conduct, or other basis upon which the Agency will rely to
26

support its proposed action.

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(g) The Agency shall include as conditions upon all
2
permits issued for hazardous waste disposal sites such
3
restrictions upon the future use of such sites as are
4
reasonably necessary to protect public health and the
5
environment, including permanent prohibition of the use of
6
such sites for purposes which may create an unreasonable risk
7
of injury to human health or to the environment. After
8
administrative and judicial challenges to such restrictions
9
have been exhausted, the Agency shall file such restrictions
10
of record in the Office of the Recorder of the county in which
11
the hazardous waste disposal site is located.
12

(h) A hazardous waste stream may not be deposited in a
13
permitted hazardous waste site unless specific authorization
14
is obtained from the Agency by the generator and disposal site
15
owner and operator for the deposit of that specific hazardous
16
waste stream. The Agency may grant specific authorization for
17
disposal of hazardous waste streams only after the generator
18
has reasonably demonstrated that, considering technological
19
feasibility and economic reasonableness, the hazardous waste
20
cannot be reasonably recycled for reuse, nor incinerated or
21
chemically, physically, or biologically treated so as to
22
neutralize the hazardous waste and render it nonhazardous. In
23
granting authorization under this Section, the Agency may
24
impose such conditions as may be necessary to accomplish the
25
purposes of the Act and are consistent with this Act and
26
regulations promulgated by the Board hereunder. If the Agency

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refuses to grant authorization under this Section, the
2
applicant may appeal as if the Agency refused to grant a
3
permit, pursuant to the provisions of subsection (a) of
4
Section 40 of this Act. For purposes of this subsection (h),
5
the term "generator" has the meaning given in Section 3.205 of
6
this Act, unless: (1) the hazardous waste is treated,
7
incinerated, or partially recycled for reuse prior to
8
disposal, in which case the last person who treats,
9
incinerates, or partially recycles the hazardous waste prior
10
to disposal is the generator; or (2) the hazardous waste is
11
from a response action, in which case the person performing
12
the response action is the generator. This subsection (h) does
13
not apply to any hazardous waste that is restricted from land
14
disposal under 35 Ill. Adm. Code 728.
15

(i) Before issuing any RCRA permit, any permit for a waste
16
storage site, sanitary landfill, waste disposal site, waste
17
transfer station, waste treatment facility, waste incinerator,
18
or any waste-transportation operation, any permit or interim
19
authorization for a clean construction or demolition debris
20
fill operation, or any permit required under subsection (d-5)
21
of Section 55, the Agency shall conduct an evaluation of the
22
prospective owner's or operator's prior experience in waste
23
management operations, clean construction or demolition debris
24
fill operations, and tire storage site management. The Agency
25
may deny such a permit, or deny or revoke interim
26
authorization, if the prospective owner or operator or any

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1
employee or officer of the prospective owner or operator has a
2
history of:
3

(1) repeated violations of federal, State, or local
4

laws, regulations, standards, or ordinances in the
5

operation of waste management facilities or sites, clean
6

construction or demolition debris fill operation
7

facilities or sites, or tire storage sites; or
8

(2) conviction in this or another State of any crime
9

which is a felony under the laws of this State, or
10

conviction of a felony in a federal court; or conviction
11

in this or another state or federal court of any of the
12

following crimes: forgery, official misconduct, bribery,
13

perjury, or knowingly submitting false information under
14

any environmental law, regulation, or permit term or
15

condition; or
16

(3) proof of gross carelessness or incompetence in
17

handling, storing, processing, transporting, or disposing
18

of waste, clean construction or demolition debris, or used
19

or waste tires, or proof of gross carelessness or
20

incompetence in using clean construction or demolition
21

debris as fill.
22

(i-5) Before issuing any permit or approving any interim
23
authorization for a clean construction or demolition debris
24
fill operation in which any ownership interest is transferred
25
between January 1, 2005, and the effective date of the
26
prohibition set forth in Section 22.52 of this Act, the Agency

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shall conduct an evaluation of the operation if any previous
2
activities at the site or facility may have caused or allowed
3
contamination of the site. It shall be the responsibility of
4
the owner or operator seeking the permit or interim
5
authorization to provide to the Agency all of the information
6
necessary for the Agency to conduct its evaluation. The Agency
7
may deny a permit or interim authorization if previous
8
activities at the site may have caused or allowed
9
contamination at the site, unless such contamination is
10
authorized under any permit issued by the Agency.
11

(j) The issuance under this Act of a permit to engage in
12
the surface mining of any resources other than fossil fuels
13
shall not relieve the permittee from its duty to comply with
14
any applicable local law regulating the commencement,
15
location, or operation of surface mining facilities.
16

(k) A development permit issued under subsection (a) of
17
Section 39 for any facility or site which is required to have a
18
permit under subsection (d) of Section 21 shall expire at the
19
end of 2 calendar years from the date upon which it was issued,
20
unless within that period the applicant has taken action to
21
develop the facility or the site. In the event that review of
22
the conditions of the development permit is sought pursuant to
23
Section 40 or 41, or permittee is prevented from commencing
24
development of the facility or site by any other litigation
25
beyond the permittee's control, such two-year period shall be
26
deemed to begin on the date upon which such review process or

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1
litigation is concluded.
2

(l) No permit shall be issued by the Agency under this Act
3
for construction or operation of any facility or site located
4
within the boundaries of any setback zone established pursuant
5
to this Act, where such construction or operation is
6
prohibited.
7

(m) The Agency may issue permits to persons owning or
8
operating a facility for composting landscape waste. In
9
granting such permits, the Agency may impose such conditions
10
as may be necessary to accomplish the purposes of this Act, and
11
as are not inconsistent with applicable regulations
12
promulgated by the Board. Except as otherwise provided in this
13
Act, a bond or other security shall not be required as a
14
condition for the issuance of a permit. If the Agency denies
15
any permit pursuant to this subsection, the Agency shall
16
transmit to the applicant within the time limitations of this
17
subsection specific, detailed statements as to the reasons the
18
permit application was denied. Such statements shall include
19
but not be limited to the following:
20

(1) the Sections of this Act that may be violated if
21

the permit were granted;
22

(2) the specific regulations promulgated pursuant to
23

this Act that may be violated if the permit were granted;
24

(3) the specific information, if any, the Agency deems
25

the applicant did not provide in its application to the
26

Agency; and

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(4) a statement of specific reasons why the Act and
2

the regulations might be violated if the permit were
3

granted.
4

If no final action is taken by the Agency within 90 days
5
after the filing of the application for permit, the applicant
6
may deem the permit issued. Any applicant for a permit may
7
waive the 90-day limitation by filing a written statement with
8
the Agency.
9

The Agency shall issue permits for such facilities upon
10
receipt of an application that includes a legal description of
11
the site, a topographic map of the site drawn to the scale of
12
200 feet to the inch or larger, a description of the operation,
13
including the area served, an estimate of the volume of
14
materials to be processed, and documentation that:
15

(1) the facility includes a setback of at least 200
16

feet from the nearest potable water supply well;
17

(2) the facility is located outside the boundary of
18

the 10-year floodplain or the site will be floodproofed;
19

(3) the facility is located so as to minimize
20

incompatibility with the character of the surrounding
21

area, including at least a 200 foot setback from any
22

residence, and in the case of a facility that is developed
23

or the permitted composting area of which is expanded
24

after November 17, 1991, the composting area is located at
25

least 1/8 mile from the nearest residence (other than a
26

residence located on the same property as the facility);

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(4) the design of the facility will prevent any
2

compost material from being placed within 5 feet of the
3

water table, will adequately control runoff from the site,
4

and will collect and manage any leachate that is generated
5

on the site;
6

(5) the operation of the facility will include
7

appropriate dust and odor control measures, limitations on
8

operating hours, appropriate noise control measures for
9

shredding, chipping and similar equipment, management
10

procedures for composting, containment and disposal of
11

non-compostable wastes, procedures to be used for
12

terminating operations at the site, and recordkeeping
13

sufficient to document the amount of materials received,
14

composted, and otherwise disposed of; and
15

(6) the operation will be conducted in accordance with
16

any applicable rules adopted by the Board.
17

The Agency shall issue renewable permits of not longer
18
than 10 years in duration for the composting of landscape
19
wastes, as defined in Section 3.155 of this Act, based on the
20
above requirements.
21

The operator of any facility permitted under this
22
subsection (m) must submit a written annual statement to the
23
Agency on or before April 1 of each year that includes an
24
estimate of the amount of material, in tons, received for
25
composting.
26

(n) The Agency shall issue permits jointly with the

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Department of Transportation for the dredging or deposit of
2
material in Lake Michigan in accordance with Section 18 of the
3
Rivers, Lakes, and Streams Act.
4

(o) (Blank).
5

(p) (1) Any person submitting an application for a permit
6
for a new MSWLF unit or for a lateral expansion under
7
subsection (t) of Section 21 of this Act for an existing MSWLF
8
unit that has not received and is not subject to local siting
9
approval under Section 39.2 of this Act shall publish notice
10
of the application in a newspaper of general circulation in
11
the county in which the MSWLF unit is or is proposed to be
12
located. The notice must be published at least 15 days before
13
submission of the permit application to the Agency. The notice
14
shall state the name and address of the applicant, the
15
location of the MSWLF unit or proposed MSWLF unit, the nature
16
and size of the MSWLF unit or proposed MSWLF unit, the nature
17
of the activity proposed, the probable life of the proposed
18
activity, the date the permit application will be submitted,
19
and a statement that persons may file written comments with
20
the Agency concerning the permit application within 30 days
21
after the filing of the permit application unless the time
22
period to submit comments is extended by the Agency.
23

When a permit applicant submits information to the Agency
24
to supplement a permit application being reviewed by the
25
Agency, the applicant shall not be required to reissue the
26
notice under this subsection.

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(2) The Agency shall accept written comments concerning
2
the permit application that are postmarked no later than 30
3
days after the filing of the permit application, unless the
4
time period to accept comments is extended by the Agency.
5

(3) Each applicant for a permit described in part (1) of
6
this subsection shall file a copy of the permit application
7
with the county board or governing body of the municipality in
8
which the MSWLF unit is or is proposed to be located at the
9
same time the application is submitted to the Agency. The
10
permit application filed with the county board or governing
11
body of the municipality shall include all documents submitted
12
to or to be submitted to the Agency, except trade secrets as
13
determined under Section 7.1 of this Act. The permit
14
application and other documents on file with the county board
15
or governing body of the municipality shall be made available
16
for public inspection during regular business hours at the
17
office of the county board or the governing body of the
18
municipality and may be copied upon payment of the actual cost
19
of reproduction.
20

(q) Within 6 months after July 12, 2011 (the effective
21
date of Public Act 97-95), the Agency, in consultation with
22
the regulated community, shall develop a web portal to be
23
posted on its website for the purpose of enhancing review and
24
promoting timely issuance of permits required by this Act. At
25
a minimum, the Agency shall make the following information
26
available on the web portal:

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(1) Checklists and guidance relating to the completion
2

of permit applications, developed pursuant to subsection
3

(s) of this Section, which may include, but are not
4

limited to, existing instructions for completing the
5

applications and examples of complete applications. As the
6

Agency develops new checklists and develops guidance, it
7

shall supplement the web portal with those materials.
8

(2) Within 2 years after July 12, 2011 (the effective
9

date of Public Act 97-95), permit application forms or
10

portions of permit applications that can be completed and
11

saved electronically, and submitted to the Agency
12

electronically with digital signatures.
13

(3) Within 2 years after July 12, 2011 (the effective
14

date of Public Act 97-95), an online tracking system where
15

an applicant may review the status of its pending
16

application, including the name and contact information of
17

the permit analyst assigned to the application. Until the
18

online tracking system has been developed, the Agency
19

shall post on its website semi-annual permitting
20

efficiency tracking reports that include statistics on the
21

timeframes for Agency action on the following types of
22

permits received after July 12, 2011 (the effective date
23

of Public Act 97-95): air construction permits, new NPDES
24

permits and associated water construction permits, and
25

modifications of major NPDES permits and associated water
26

construction permits. The reports must be posted by

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February 1 and August 1 each year and shall include:
2

(A) the number of applications received for each
3

type of permit, the number of applications on which
4

the Agency has taken action, and the number of
5

applications still pending; and
6

(B) for those applications where the Agency has
7

not taken action in accordance with the timeframes set
8

forth in this Act, the date the application was
9

received and the reasons for any delays, which may
10

include, but shall not be limited to, (i) the
11

application being inadequate or incomplete, (ii)
12

scientific or technical disagreements with the
13

applicant, USEPA, or other local, state, or federal
14

agencies involved in the permitting approval process,
15

(iii) public opposition to the permit, or (iv) Agency
16

staffing shortages. To the extent practicable, the
17

tracking report shall provide approximate dates when
18

cause for delay was identified by the Agency, when the
19

Agency informed the applicant of the problem leading
20

to the delay, and when the applicant remedied the
21

reason for the delay.
22

(r) Upon the request of the applicant, the Agency shall
23
notify the applicant of the permit analyst assigned to the
24
application upon its receipt.
25

(s) The Agency is authorized to prepare and distribute
26
guidance documents relating to its administration of this

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Section and procedural rules implementing this Section.
2
Guidance documents prepared under this subsection shall not be
3
considered rules and shall not be subject to the Illinois
4
Administrative Procedure Act. Such guidance shall not be
5
binding on any party.
6

(t) Except as otherwise prohibited by federal law or
7
regulation, any person submitting an application for a permit
8
may include with the application suggested permit language for
9
Agency consideration. The Agency is not obligated to use the
10
suggested language or any portion thereof in its permitting
11
decision. If requested by the permit applicant, the Agency
12
shall meet with the applicant to discuss the suggested
13
language.
14

(u) If requested by the permit applicant, the Agency shall
15
provide the permit applicant with a copy of the draft permit
16
prior to any public review period.
17

(v) If requested by the permit applicant, the Agency shall
18
provide the permit applicant with a copy of the final permit
19
prior to its issuance.
20

(w) An air pollution permit shall not be required due to
21
emissions of greenhouse gases, as specified by Section 9.15 of
22
this Act.
23

(x) If, before the expiration of a State operating permit
24
that is issued pursuant to subsection (a) of this Section and
25
contains federally enforceable conditions limiting the
26
potential to emit of the source to a level below the major

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1
source threshold for that source so as to exclude the source
2
from the Clean Air Act Permit Program, the Agency receives a
3
complete application for the renewal of that permit, then all
4
of the terms and conditions of the permit shall remain in
5
effect until final administrative action has been taken on the
6
application for the renewal of the permit.
7

(y) The Agency may issue permits exclusively under this
8
subsection to persons owning or operating a CCR surface
9
impoundment subject to Section 22.59.
10

(z) If a mass animal mortality event is declared by the
11
Department of Agriculture in accordance with the Animal
12
Mortality Act:
13

(1) the owner or operator responsible for the disposal
14

of dead animals is exempted from the following:
15

(i) obtaining a permit for the construction,
16

installation, or operation of any type of facility or
17

equipment issued in accordance with subsection (a) of
18

this Section;
19

(ii) obtaining a permit for open burning in
20

accordance with the rules adopted by the Board; and
21

(iii) registering the disposal of dead animals as
22

an eligible small source with the Agency in accordance
23

with Section 9.14 of this Act;
24

(2) as applicable, the owner or operator responsible
25

for the disposal of dead animals is required to obtain the
26

following permits:

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1

(i) an NPDES permit in accordance with subsection
2

(b) of this Section;
3

(ii) a PSD permit or an NA NSR permit in accordance
4

with Section 9.1 of this Act;
5

(iii) a lifetime State operating permit or a
6

federally enforceable State operating permit, in
7

accordance with subsection (a) of this Section; or
8

(iv) a CAAPP permit, in accordance with Section
9

39.5 of this Act.
10

All CCR surface impoundment permits shall contain those
11
terms and conditions, including, but not limited to, schedules
12
of compliance, which may be required to accomplish the
13
purposes and provisions of this Act, Board regulations, the
14
Illinois Groundwater Protection Act and regulations pursuant
15
thereto, and the Resource Conservation and Recovery Act and
16
regulations pursuant thereto, and may include schedules for
17
achieving compliance therewith as soon as possible.
18

The Board shall adopt filing requirements and procedures
19
that are necessary and appropriate for the issuance of CCR
20
surface impoundment permits and that are consistent with this
21
Act or regulations adopted by the Board, and with the RCRA, as
22
amended, and regulations pursuant thereto.
23

The applicant shall make available to the public for
24
inspection all documents submitted by the applicant to the
25
Agency in furtherance of an application, with the exception of
26
trade secrets, on its public internet website as well as at the

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1
office of the county board or governing body of the
2
municipality where CCR from the CCR surface impoundment will
3
be permanently disposed. Such documents may be copied upon
4
payment of the actual cost of reproduction during regular
5
business hours of the local office.
6

The Agency shall issue a written statement concurrent with
7
its grant or denial of the permit explaining the basis for its
8
decision.
9
(Source: P.A. 104-458, eff. 6-1-26.)

10

(415 ILCS 5/39.16 new)
11

Sec. 39.16.
Requirement to sample sludges and biosolids
12
for perfluoroalkyl and polyfluoroalkyl substances.
13

(a) The purpose of this Section is to provide for the
14
sampling for perfluoroalkyl and polyfluoroalkyl substances of
15
any sludge or biosolid that is land applied pursuant to a
16
permit issued by the Agency.
17

(b) The Agency shall not issue any permit required under
18
subsection (b) of Section 12 for the land application of a
19
sludge or biosolid unless the application includes sample
20
results for the sludge or biosolid for all perfluoroalkyl and
21
polyfluoroalkyl substances for which there are accredited
22
wastewater analytical methods.
23

(c) Any permit required under subsection (b) of Section 12
24
issued by the Agency for the land application of a sludge or
25
biosolid shall require, at a minimum, periodic sampling of the

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sludge or biosolid for all perfluoroalkyl and polyfluoroalkyl
2
substances for which there are accredited wastewater
3
analytical methods.

4

Section 95.
No acceleration or delay.
Where this Act makes
5
changes in a statute that is represented in this Act by text
6
that is not yet or no longer in effect (for example, a Section
7
represented by multiple versions), the use of that text does
8
not accelerate or delay the taking effect of (i) the changes
9
made by this Act or (ii) provisions derived from any other
10
Public Act.

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