EPA-WASTE DISCHARGE PERMIT

Illinois General Assembly - Full Text of SB3917

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SB3917 - 104th General Assembly

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SB3917 Enrolled
LRB104 19364 BDA 32812 b
1

AN ACT concerning safety.

2

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

4

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

6

(415 ILCS 5/39)

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

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

Sec. 39.
Issuance of permits; procedures.
9

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

SB3917 Enrolled
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LRB104 19364 BDA 32812 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

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
be extended to 180 days when (1) notice and opportunity for
2
public hearing are required by State or federal law or
3
regulation, (2) the application which was filed is for any
4
permit to develop a landfill subject to issuance pursuant to
5
this subsection, or (3) the application that was filed is for a
6
MSWLF unit required to issue public notice under subsection
7
(p) of Section 39. The 90-day and 180-day time periods for the
8
Agency to take final action do not apply to NPDES permit
9
applications under subsection (b) of this Section, to RCRA
10
permit applications under subsection (d) of this Section, to
11
UIC permit applications under subsection (e) of this Section,
12
or to CCR surface impoundment applications under subsection
13
(y) of this Section.
14

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

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

SB3917 Enrolled
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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

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
USEPA as a major facility shall require, at a minimum, for
2
publicly owned treatment works, as well as for privately owned
3
sewage treatment works, periodic sampling of influent,
4
effluent, and biosolids for all perfluoroalkyl and
5
polyfluoroalkyl substances for which there are accredited
6
wastewater analytical methods, and, for all other major
7
industrial facilities, periodic effluent sampling for all
8
perfluoroalkyl and polyfluoroalkyl substances for which there
9
are accredited wastewater analytical methods. If a permittee
10
demonstrates through monitoring data that perfluoroalkyl and
11
polyfluoroalkyl substances have not been detected above the
12
minimum level of quantification for a period of 2 consecutive
13
years, the permittee may request a modification of the NPDES
14
permit. If the Agency makes a determination that such a
15
request is acceptable, then the NPDES permit may be modified
16
to reduce sample frequency.
17

The Agency may issue general NPDES permits for discharges
18
from categories of point sources which are subject to the same
19
permit limitations and conditions. Such general permits may be
20
issued without individual applications and shall conform to
21
regulations promulgated under Section 402 of the Federal Water
22
Pollution Control Act, as now or hereafter amended.
23

The Agency may include, among such conditions, effluent
24
limitations and other requirements established under this Act,
25
Board regulations, the Federal Water Pollution Control Act, as
26
now or hereafter amended, and regulations pursuant thereto,

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
and schedules for achieving compliance therewith at the
2
earliest reasonable date.
3

The Agency shall adopt filing requirements and procedures
4
which are necessary and appropriate for the issuance of NPDES
5
permits, and which are consistent with the Act or regulations
6
adopted by the Board, and with the Federal Water Pollution
7
Control Act, as now or hereafter amended, and regulations
8
pursuant thereto.
The Agency shall require any NPDES permit
9
application for a discharge of wastewater that has potential
10
to contain perfluoroalkyl and polyfluoroalkyl substances to
11
fully characterize the discharge through sample results for
12
all perfluoroalkyl and polyfluoroalkyl substances for which
13
there are accredited wastewater analytical methods.

14

The Agency, subject to any conditions which may be
15
prescribed by Board regulations, may issue NPDES permits to
16
allow discharges beyond deadlines established by this Act or
17
by regulations of the Board without the requirement of a
18
variance, subject to the Federal Water Pollution Control Act,
19
as now or hereafter amended, and regulations pursuant thereto.
20

(c) Except for those facilities owned or operated by
21
sanitary districts organized under the Metropolitan Water
22
Reclamation District Act, no permit for the development or
23
construction of a new pollution control facility may be
24
granted by the Agency unless the applicant submits proof to
25
the Agency that the location of the facility has been approved
26
by the county board of the county if in an unincorporated area,

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
or the governing body of the municipality when in an
2
incorporated area, in which the facility is to be located in
3
accordance with Section 39.2 of this Act. For purposes of this
4
subsection (c), and for purposes of Section 39.2 of this Act,
5
the appropriate county board or governing body of the
6
municipality shall be the county board of the county or the
7
governing body of the municipality in which the facility is to
8
be located as of the date when the application for siting
9
approval is filed.
10

In the event that siting approval granted pursuant to
11
Section 39.2 has been transferred to a subsequent owner or
12
operator, that subsequent owner or operator may apply to the
13
Agency for, and the Agency may grant, a development or
14
construction permit for the facility for which local siting
15
approval was granted. Upon application to the Agency for a
16
development or construction permit by that subsequent owner or
17
operator, the permit applicant shall cause written notice of
18
the permit application to be served upon the appropriate
19
county board or governing body of the municipality that
20
granted siting approval for that facility and upon any party
21
to the siting proceeding pursuant to which siting approval was
22
granted. In that event, the Agency shall conduct an evaluation
23
of the subsequent owner or operator's prior experience in
24
waste management operations in the manner conducted under
25
subsection (i) of Section 39 of this Act.
26

Beginning August 20, 1993, if the pollution control

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
facility consists of a hazardous or solid waste disposal
2
facility for which the proposed site is located in an
3
unincorporated area of a county with a population of less than
4
100,000 and includes all or a portion of a parcel of land that
5
was, on April 1, 1993, adjacent to a municipality having a
6
population of less than 5,000, then the local siting review
7
required under this subsection (c) in conjunction with any
8
permit applied for after that date shall be performed by the
9
governing body of that adjacent municipality rather than the
10
county board of the county in which the proposed site is
11
located; and for the purposes of that local siting review, any
12
references in this Act to the county board shall be deemed to
13
mean the governing body of that adjacent municipality;
14
provided, however, that the provisions of this paragraph shall
15
not apply to any proposed site which was, on April 1, 1993,
16
owned in whole or in part by another municipality.
17

In the case of a pollution control facility for which a
18
development permit was issued before November 12, 1981, if an
19
operating permit has not been issued by the Agency prior to
20
August 31, 1989 for any portion of the facility, then the
21
Agency may not issue or renew any development permit nor issue
22
an original operating permit for any portion of such facility
23
unless the applicant has submitted proof to the Agency that
24
the location of the facility has been approved by the
25
appropriate county board or municipal governing body pursuant
26
to Section 39.2 of this Act.

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1

After January 1, 1994, if a solid waste disposal facility,
2
any portion for which an operating permit has been issued by
3
the Agency, has not accepted waste disposal for 5 or more
4
consecutive calendar years, before that facility may accept
5
any new or additional waste for disposal, the owner and
6
operator must obtain a new operating permit under this Act for
7
that facility unless the owner and operator have applied to
8
the Agency for a permit authorizing the temporary suspension
9
of waste acceptance. The Agency may not issue a new operation
10
permit under this Act for the facility unless the applicant
11
has submitted proof to the Agency that the location of the
12
facility has been approved or re-approved by the appropriate
13
county board or municipal governing body under Section 39.2 of
14
this Act after the facility ceased accepting waste.
15

Except for those facilities owned or operated by sanitary
16
districts organized under the Metropolitan Water Reclamation
17
District Act, and except for new pollution control facilities
18
governed by Section 39.2, and except for fossil fuel mining
19
facilities, the granting of a permit under this Act shall not
20
relieve the applicant from meeting and securing all necessary
21
zoning approvals from the unit of government having zoning
22
jurisdiction over the proposed facility.
23

Before beginning construction on any new sewage treatment
24
plant or sludge drying site to be owned or operated by a
25
sanitary district organized under the Metropolitan Water
26
Reclamation District Act for which a new permit (rather than

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
the renewal or amendment of an existing permit) is required,
2
such sanitary district shall hold a public hearing within the
3
municipality within which the proposed facility is to be
4
located, or within the nearest community if the proposed
5
facility is to be located within an unincorporated area, at
6
which information concerning the proposed facility shall be
7
made available to the public, and members of the public shall
8
be given the opportunity to express their views concerning the
9
proposed facility.
10

The Agency may issue a permit for a municipal waste
11
transfer station without requiring approval pursuant to
12
Section 39.2 provided that the following demonstration is
13
made:
14

(1) the municipal waste transfer station was in
15

existence on or before January 1, 1979 and was in
16

continuous operation from January 1, 1979 to January 1,
17

1993;
18

(2) the operator submitted a permit application to the
19

Agency to develop and operate the municipal waste transfer
20

station during April of 1994;
21

(3) the operator can demonstrate that the county board
22

of the county, if the municipal waste transfer station is
23

in an unincorporated area, or the governing body of the
24

municipality, if the station is in an incorporated area,
25

does not object to resumption of the operation of the
26

station; and

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1

(4) the site has local zoning approval.
2

(d) The Agency may issue RCRA permits exclusively under
3
this subsection to persons owning or operating a facility for
4
the treatment, storage, or disposal of hazardous waste as
5
defined under this Act. Subsection (y) of this Section, rather
6
than this subsection (d), shall apply to permits issued for
7
CCR surface impoundments.
8

All RCRA permits shall contain those terms and conditions,
9
including, but not limited to, schedules of compliance, which
10
may be required to accomplish the purposes and provisions of
11
this Act. The Agency may include among such conditions
12
standards and other requirements established under this Act,
13
Board regulations, the Resource Conservation and Recovery Act
14
of 1976 (P.L. 94-580), as amended, and regulations pursuant
15
thereto, and may include schedules for achieving compliance
16
therewith as soon as possible. The Agency shall require that a
17
performance bond or other security be provided as a condition
18
for the issuance of a RCRA permit.
19

In the case of a permit to operate a hazardous waste or PCB
20
incinerator as defined in subsection (k) of Section 44, the
21
Agency shall require, as a condition of the permit, that the
22
operator of the facility perform such analyses of the waste to
23
be incinerated as may be necessary and appropriate to ensure
24
the safe operation of the incinerator.
25

The Agency shall adopt filing requirements and procedures
26
which are necessary and appropriate for the issuance of RCRA

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
permits, and which are consistent with the Act or regulations
2
adopted by the Board, and with the Resource Conservation and
3
Recovery Act of 1976 (P.L. 94-580), as amended, and
4
regulations pursuant thereto.
5

The applicant shall make available to the public for
6
inspection all documents submitted by the applicant to the
7
Agency in furtherance of an application, with the exception of
8
trade secrets, at the office of the county board or governing
9
body of the municipality. Such documents may be copied upon
10
payment of the actual cost of reproduction during regular
11
business hours of the local office. The Agency shall issue a
12
written statement concurrent with its grant or denial of the
13
permit explaining the basis for its decision.
14

(e) The Agency may issue UIC permits exclusively under
15
this subsection to persons owning or operating a facility for
16
the underground injection of contaminants as defined under
17
this Act.
18

All UIC permits shall contain those terms and conditions,
19
including, but not limited to, schedules of compliance, which
20
may be required to accomplish the purposes and provisions of
21
this Act. The Agency may include among such conditions
22
standards and other requirements established under this Act,
23
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
24
as amended, and regulations pursuant thereto, and may include
25
schedules for achieving compliance therewith. The Agency shall
26
require that a performance bond or other security be provided

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
as a condition for the issuance of a UIC permit.
2

The Agency shall adopt filing requirements and procedures
3
which are necessary and appropriate for the issuance of UIC
4
permits, and which are consistent with the Act or regulations
5
adopted by the Board, and with the Safe Drinking Water Act
6
(P.L. 93-523), as amended, and regulations pursuant thereto.
7

The applicant shall make available to the public for
8
inspection all documents submitted by the applicant to the
9
Agency in furtherance of an application, with the exception of
10
trade secrets, at the office of the county board or governing
11
body of the municipality. Such documents may be copied upon
12
payment of the actual cost of reproduction during regular
13
business hours of the local office. The Agency shall issue a
14
written statement concurrent with its grant or denial of the
15
permit explaining the basis for its decision.
16

(f) In making any determination pursuant to Section 9.1 of
17
this Act:
18

(1) The Agency shall have authority to make the
19

determination of any question required to be determined by
20

the Clean Air Act, as now or hereafter amended, this Act,
21

or the regulations of the Board, including the
22

determination of the Lowest Achievable Emission Rate,
23

Maximum Achievable Control Technology, or Best Available
24

Control Technology, consistent with the Board's
25

regulations, if any.
26

(2) The Agency shall adopt requirements as necessary

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1

to implement public participation procedures, including,
2

but not limited to, public notice, comment, and an
3

opportunity for hearing, which must accompany the
4

processing of applications for PSD permits. The Agency
5

shall briefly describe and respond to all significant
6

comments on the draft permit raised during the public
7

comment period or during any hearing. The Agency may group
8

related comments together and provide one unified response
9

for each issue raised.
10

(3) Any complete permit application submitted to the
11

Agency under this subsection for a PSD permit shall be
12

granted or denied by the Agency not later than one year
13

after the filing of such completed application.
14

(4) The Agency shall, after conferring with the
15

applicant, give written notice to the applicant of its
16

proposed decision on the application, including the terms
17

and conditions of the permit to be issued and the facts,
18

conduct, or other basis upon which the Agency will rely to
19

support its proposed action.
20

(g) The Agency shall include as conditions upon all
21
permits issued for hazardous waste disposal sites such
22
restrictions upon the future use of such sites as are
23
reasonably necessary to protect public health and the
24
environment, including permanent prohibition of the use of
25
such sites for purposes which may create an unreasonable risk
26
of injury to human health or to the environment. After

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
administrative and judicial challenges to such restrictions
2
have been exhausted, the Agency shall file such restrictions
3
of record in the Office of the Recorder of the county in which
4
the hazardous waste disposal site is located.
5

(h) A hazardous waste stream may not be deposited in a
6
permitted hazardous waste site unless specific authorization
7
is obtained from the Agency by the generator and disposal site
8
owner and operator for the deposit of that specific hazardous
9
waste stream. The Agency may grant specific authorization for
10
disposal of hazardous waste streams only after the generator
11
has reasonably demonstrated that, considering technological
12
feasibility and economic reasonableness, the hazardous waste
13
cannot be reasonably recycled for reuse, nor incinerated or
14
chemically, physically, or biologically treated so as to
15
neutralize the hazardous waste and render it nonhazardous. In
16
granting authorization under this Section, the Agency may
17
impose such conditions as may be necessary to accomplish the
18
purposes of the Act and are consistent with this Act and
19
regulations promulgated by the Board hereunder. If the Agency
20
refuses to grant authorization under this Section, the
21
applicant may appeal as if the Agency refused to grant a
22
permit, pursuant to the provisions of subsection (a) of
23
Section 40 of this Act. For purposes of this subsection (h),
24
the term "generator" has the meaning given in Section 3.205 of
25
this Act, unless: (1) the hazardous waste is treated,
26
incinerated, or partially recycled for reuse prior to

SB3917 Enrolled
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LRB104 19364 BDA 32812 b
1
disposal, in which case the last person who treats,
2
incinerates, or partially recycles the hazardous waste prior
3
to disposal is the generator; or (2) the hazardous waste is
4
from a response action, in which case the person performing
5
the response action is the generator. This subsection (h) does
6
not apply to any hazardous waste that is restricted from land
7
disposal under 35 Ill. Adm. Code 728.
8

(i) Before issuing any RCRA permit, any permit for a waste
9
storage site, sanitary landfill, waste disposal site, waste
10
transfer station, waste treatment facility, waste incinerator,
11
or any waste-transportation operation, any permit or interim
12
authorization for a clean construction or demolition debris
13
fill operation, or any permit required under subsection (d-5)
14
of Section 55, the Agency shall conduct an evaluation of the
15
prospective owner's or operator's prior experience in waste
16
management operations, clean construction or demolition debris
17
fill operations, and tire storage site management. The Agency
18
may deny such a permit, or deny or revoke interim
19
authorization, if the prospective owner or operator or any
20
employee or officer of the prospective owner or operator has a
21
history of:
22

(1) repeated violations of federal, State, or local
23

laws, regulations, standards, or ordinances in the
24

operation of waste management facilities or sites, clean
25

construction or demolition debris fill operation
26

facilities or sites, or tire storage sites; or

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LRB104 19364 BDA 32812 b
1

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

which is a felony under the laws of this State, or
3

conviction of a felony in a federal court; or conviction
4

in this or another state or federal court of any of the
5

following crimes: forgery, official misconduct, bribery,
6

perjury, or knowingly submitting false information under
7

any environmental law, regulation, or permit term or
8

condition; or
9

(3) proof of gross carelessness or incompetence in
10

handling, storing, processing, transporting, or disposing
11

of waste, clean construction or demolition debris, or used
12

or waste tires, or proof of gross carelessness or
13

incompetence in using clean construction or demolition
14

debris as fill.
15

(i-5) Before issuing any permit or approving any interim
16
authorization for a clean construction or demolition debris
17
fill operation in which any ownership interest is transferred
18
between January 1, 2005, and the effective date of the
19
prohibition set forth in Section 22.52 of this Act, the Agency
20
shall conduct an evaluation of the operation if any previous
21
activities at the site or facility may have caused or allowed
22
contamination of the site. It shall be the responsibility of
23
the owner or operator seeking the permit or interim
24
authorization to provide to the Agency all of the information
25
necessary for the Agency to conduct its evaluation. The Agency
26
may deny a permit or interim authorization if previous

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1
activities at the site may have caused or allowed
2
contamination at the site, unless such contamination is
3
authorized under any permit issued by the Agency.
4

(j) The issuance under this Act of a permit to engage in
5
the surface mining of any resources other than fossil fuels
6
shall not relieve the permittee from its duty to comply with
7
any applicable local law regulating the commencement,
8
location, or operation of surface mining facilities.
9

(k) A development permit issued under subsection (a) of
10
Section 39 for any facility or site which is required to have a
11
permit under subsection (d) of Section 21 shall expire at the
12
end of 2 calendar years from the date upon which it was issued,
13
unless within that period the applicant has taken action to
14
develop the facility or the site. In the event that review of
15
the conditions of the development permit is sought pursuant to
16
Section 40 or 41, or permittee is prevented from commencing
17
development of the facility or site by any other litigation
18
beyond the permittee's control, such two-year period shall be
19
deemed to begin on the date upon which such review process or
20
litigation is concluded.
21

(l) No permit shall be issued by the Agency under this Act
22
for construction or operation of any facility or site located
23
within the boundaries of any setback zone established pursuant
24
to this Act, where such construction or operation is
25
prohibited.
26

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

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operating a facility for composting landscape waste. In
2
granting such permits, the Agency may impose such conditions
3
as may be necessary to accomplish the purposes of this Act, and
4
as are not inconsistent with applicable regulations
5
promulgated by the Board. Except as otherwise provided in this
6
Act, a bond or other security shall not be required as a
7
condition for the issuance of a permit. If the Agency denies
8
any permit pursuant to this subsection, the Agency shall
9
transmit to the applicant within the time limitations of this
10
subsection specific, detailed statements as to the reasons the
11
permit application was denied. Such statements shall include
12
but not be limited to the following:
13

(1) the Sections of this Act that may be violated if
14

the permit were granted;
15

(2) the specific regulations promulgated pursuant to
16

this Act that may be violated if the permit were granted;
17

(3) the specific information, if any, the Agency deems
18

the applicant did not provide in its application to the
19

Agency; and
20

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

the regulations might be violated if the permit were
22

granted.
23

If no final action is taken by the Agency within 90 days
24
after the filing of the application for permit, the applicant
25
may deem the permit issued. Any applicant for a permit may
26
waive the 90-day limitation by filing a written statement with

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the Agency.
2

The Agency shall issue permits for such facilities upon
3
receipt of an application that includes a legal description of
4
the site, a topographic map of the site drawn to the scale of
5
200 feet to the inch or larger, a description of the operation,
6
including the area served, an estimate of the volume of
7
materials to be processed, and documentation that:
8

(1) the facility includes a setback of at least 200
9

feet from the nearest potable water supply well;
10

(2) the facility is located outside the boundary of
11

the 10-year floodplain or the site will be floodproofed;
12

(3) the facility is located so as to minimize
13

incompatibility with the character of the surrounding
14

area, including at least a 200 foot setback from any
15

residence, and in the case of a facility that is developed
16

or the permitted composting area of which is expanded
17

after November 17, 1991, the composting area is located at
18

least 1/8 mile from the nearest residence (other than a
19

residence located on the same property as the facility);
20

(4) the design of the facility will prevent any
21

compost material from being placed within 5 feet of the
22

water table, will adequately control runoff from the site,
23

and will collect and manage any leachate that is generated
24

on the site;
25

(5) the operation of the facility will include
26

appropriate dust and odor control measures, limitations on

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operating hours, appropriate noise control measures for
2

shredding, chipping and similar equipment, management
3

procedures for composting, containment and disposal of
4

non-compostable wastes, procedures to be used for
5

terminating operations at the site, and recordkeeping
6

sufficient to document the amount of materials received,
7

composted, and otherwise disposed of; and
8

(6) the operation will be conducted in accordance with
9

any applicable rules adopted by the Board.
10

The Agency shall issue renewable permits of not longer
11
than 10 years in duration for the composting of landscape
12
wastes, as defined in Section 3.155 of this Act, based on the
13
above requirements.
14

The operator of any facility permitted under this
15
subsection (m) must submit a written annual statement to the
16
Agency on or before April 1 of each year that includes an
17
estimate of the amount of material, in tons, received for
18
composting.
19

(n) The Agency shall issue permits jointly with the
20
Department of Transportation for the dredging or deposit of
21
material in Lake Michigan in accordance with Section 18 of the
22
Rivers, Lakes, and Streams Act.
23

(o) (Blank).
24

(p) (1) Any person submitting an application for a permit
25
for a new MSWLF unit or for a lateral expansion under
26
subsection (t) of Section 21 of this Act for an existing MSWLF

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unit that has not received and is not subject to local siting
2
approval under Section 39.2 of this Act shall publish notice
3
of the application in a newspaper of general circulation in
4
the county in which the MSWLF unit is or is proposed to be
5
located. The notice must be published at least 15 days before
6
submission of the permit application to the Agency. The notice
7
shall state the name and address of the applicant, the
8
location of the MSWLF unit or proposed MSWLF unit, the nature
9
and size of the MSWLF unit or proposed MSWLF unit, the nature
10
of the activity proposed, the probable life of the proposed
11
activity, the date the permit application will be submitted,
12
and a statement that persons may file written comments with
13
the Agency concerning the permit application within 30 days
14
after the filing of the permit application unless the time
15
period to submit comments is extended by the Agency.
16

When a permit applicant submits information to the Agency
17
to supplement a permit application being reviewed by the
18
Agency, the applicant shall not be required to reissue the
19
notice under this subsection.
20

(2) The Agency shall accept written comments concerning
21
the permit application that are postmarked no later than 30
22
days after the filing of the permit application, unless the
23
time period to accept comments is extended by the Agency.
24

(3) Each applicant for a permit described in part (1) of
25
this subsection shall file a copy of the permit application
26
with the county board or governing body of the municipality in

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1
which the MSWLF unit is or is proposed to be located at the
2
same time the application is submitted to the Agency. The
3
permit application filed with the county board or governing
4
body of the municipality shall include all documents submitted
5
to or to be submitted to the Agency, except trade secrets as
6
determined under Section 7.1 of this Act. The permit
7
application and other documents on file with the county board
8
or governing body of the municipality shall be made available
9
for public inspection during regular business hours at the
10
office of the county board or the governing body of the
11
municipality and may be copied upon payment of the actual cost
12
of reproduction.
13

(q) Within 6 months after July 12, 2011 (the effective
14
date of Public Act 97-95), the Agency, in consultation with
15
the regulated community, shall develop a web portal to be
16
posted on its website for the purpose of enhancing review and
17
promoting timely issuance of permits required by this Act. At
18
a minimum, the Agency shall make the following information
19
available on the web portal:
20

(1) Checklists and guidance relating to the completion
21

of permit applications, developed pursuant to subsection
22

(s) of this Section, which may include, but are not
23

limited to, existing instructions for completing the
24

applications and examples of complete applications. As the
25

Agency develops new checklists and develops guidance, it
26

shall supplement the web portal with those materials.

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1

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

date of Public Act 97-95), permit application forms or
3

portions of permit applications that can be completed and
4

saved electronically, and submitted to the Agency
5

electronically with digital signatures.
6

(3) Within 2 years after July 12, 2011 (the effective
7

date of Public Act 97-95), an online tracking system where
8

an applicant may review the status of its pending
9

application, including the name and contact information of
10

the permit analyst assigned to the application. Until the
11

online tracking system has been developed, the Agency
12

shall post on its website semi-annual permitting
13

efficiency tracking reports that include statistics on the
14

timeframes for Agency action on the following types of
15

permits received after July 12, 2011 (the effective date
16

of Public Act 97-95): air construction permits, new NPDES
17

permits and associated water construction permits, and
18

modifications of major NPDES permits and associated water
19

construction permits. The reports must be posted by
20

February 1 and August 1 each year and shall include:
21

(A) the number of applications received for each
22

type of permit, the number of applications on which
23

the Agency has taken action, and the number of
24

applications still pending; and
25

(B) for those applications where the Agency has
26

not taken action in accordance with the timeframes set

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forth in this Act, the date the application was
2

received and the reasons for any delays, which may
3

include, but shall not be limited to, (i) the
4

application being inadequate or incomplete, (ii)
5

scientific or technical disagreements with the
6

applicant, USEPA, or other local, state, or federal
7

agencies involved in the permitting approval process,
8

(iii) public opposition to the permit, or (iv) Agency
9

staffing shortages. To the extent practicable, the
10

tracking report shall provide approximate dates when
11

cause for delay was identified by the Agency, when the
12

Agency informed the applicant of the problem leading
13

to the delay, and when the applicant remedied the
14

reason for the delay.
15

(r) Upon the request of the applicant, the Agency shall
16
notify the applicant of the permit analyst assigned to the
17
application upon its receipt.
18

(s) The Agency is authorized to prepare and distribute
19
guidance documents relating to its administration of this
20
Section and procedural rules implementing this Section.
21
Guidance documents prepared under this subsection shall not be
22
considered rules and shall not be subject to the Illinois
23
Administrative Procedure Act. Such guidance shall not be
24
binding on any party.
25

(t) Except as otherwise prohibited by federal law or
26
regulation, any person submitting an application for a permit

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may include with the application suggested permit language for
2
Agency consideration. The Agency is not obligated to use the
3
suggested language or any portion thereof in its permitting
4
decision. If requested by the permit applicant, the Agency
5
shall meet with the applicant to discuss the suggested
6
language.
7

(u) If requested by the permit applicant, the Agency shall
8
provide the permit applicant with a copy of the draft permit
9
prior to any public review period.
10

(v) If requested by the permit applicant, the Agency shall
11
provide the permit applicant with a copy of the final permit
12
prior to its issuance.
13

(w) An air pollution permit shall not be required due to
14
emissions of greenhouse gases, as specified by Section 9.15 of
15
this Act.
16

(x) If, before the expiration of a State operating permit
17
that is issued pursuant to subsection (a) of this Section and
18
contains federally enforceable conditions limiting the
19
potential to emit of the source to a level below the major
20
source threshold for that source so as to exclude the source
21
from the Clean Air Act Permit Program, the Agency receives a
22
complete application for the renewal of that permit, then all
23
of the terms and conditions of the permit shall remain in
24
effect until final administrative action has been taken on the
25
application for the renewal of the permit.
26

(y) The Agency may issue permits exclusively under this

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1
subsection to persons owning or operating a CCR surface
2
impoundment subject to Section 22.59.
3

(z) If a mass animal mortality event is declared by the
4
Department of Agriculture in accordance with the Animal
5
Mortality Act:
6

(1) the owner or operator responsible for the disposal
7

of dead animals is exempted from the following:
8

(i) obtaining a permit for the construction,
9

installation, or operation of any type of facility or
10

equipment issued in accordance with subsection (a) of
11

this Section;
12

(ii) obtaining a permit for open burning in
13

accordance with the rules adopted by the Board; and
14

(iii) registering the disposal of dead animals as
15

an eligible small source with the Agency in accordance
16

with Section 9.14 of this Act;
17

(2) as applicable, the owner or operator responsible
18

for the disposal of dead animals is required to obtain the
19

following permits:
20

(i) an NPDES permit in accordance with subsection
21

(b) of this Section;
22

(ii) a PSD permit or an NA NSR permit in accordance
23

with Section 9.1 of this Act;
24

(iii) a lifetime State operating permit or a
25

federally enforceable State operating permit, in
26

accordance with subsection (a) of this Section; or

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1

(iv) a CAAPP permit, in accordance with Section
2

39.5 of this Act.
3

All CCR surface impoundment permits shall contain those
4
terms and conditions, including, but not limited to, schedules
5
of compliance, which may be required to accomplish the
6
purposes and provisions of this Act, Board regulations, the
7
Illinois Groundwater Protection Act and regulations pursuant
8
thereto, and the Resource Conservation and Recovery Act and
9
regulations pursuant thereto, and may include schedules for
10
achieving compliance therewith as soon as possible.
11

The Board shall adopt filing requirements and procedures
12
that are necessary and appropriate for the issuance of CCR
13
surface impoundment permits and that are consistent with this
14
Act or regulations adopted by the Board, and with the RCRA, as
15
amended, and regulations pursuant thereto.
16

The applicant shall make available to the public for
17
inspection all documents submitted by the applicant to the
18
Agency in furtherance of an application, with the exception of
19
trade secrets, on its public internet website as well as at the
20
office of the county board or governing body of the
21
municipality where CCR from the CCR surface impoundment will
22
be permanently disposed. Such documents may be copied upon
23
payment of the actual cost of reproduction during regular
24
business hours of the local office.
25

The Agency shall issue a written statement concurrent with
26
its grant or denial of the permit explaining the basis for its

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

4

(Text of Section after amendment by P.A. 104-458
)
5

Sec. 39.
Issuance of permits; procedures.
6

(a) When the Board has by regulation required a permit for
7
the construction, installation, or operation of any type of
8
facility, equipment, vehicle, vessel, or aircraft, the
9
applicant shall apply to the Agency for such permit and it
10
shall be the duty of the Agency to issue such a permit upon
11
proof by the applicant that the facility, equipment, vehicle,
12
vessel, or aircraft will not cause a violation of this Act or
13
of regulations hereunder. The Agency shall adopt such
14
procedures as are necessary to carry out its duties under this
15
Section. In making its determinations on permit applications
16
under this Section the Agency may consider prior adjudications
17
of noncompliance with this Act by the applicant that involved
18
a release of a contaminant into the environment. In granting
19
permits, the Agency may impose reasonable conditions
20
specifically related to the applicant's past compliance
21
history with this Act as necessary to correct, detect, or
22
prevent noncompliance. The Agency may impose such other
23
conditions as may be necessary to accomplish the purposes of
24
this Act, and as are not inconsistent with the regulations
25
promulgated by the Board hereunder. Except as otherwise

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1
provided in this Act, a bond or other security shall not be
2
required as a condition for the issuance of a permit. If the
3
Agency denies any permit under this Section, the Agency shall
4
transmit to the applicant within the time limitations of this
5
Section specific, detailed statements as to the reasons the
6
permit application was denied. Such statements shall include,
7
but not be limited to, the following:
8

(i) the Sections of this Act which may be violated if
9

the permit were granted;
10

(ii) the provision of the regulations, promulgated
11

under this Act, which may be violated if the permit were
12

granted;
13

(iii) the specific type of information, if any, which
14

the Agency deems the applicant did not provide the Agency;
15

and
16

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

the regulations might not be met if the permit were
18

granted.
19

If there is no final action by the Agency within 90 days
20
after the filing of the application for permit, the applicant
21
may deem the permit issued; except that this time period shall
22
be extended to 180 days when (1) notice and opportunity for
23
public hearing are required by State or federal law or
24
regulation, (2) the application which was filed is for any
25
permit to develop a landfill subject to issuance pursuant to
26
this subsection, or (3) the application that was filed is for a

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MSWLF unit required to issue public notice under subsection
2
(p) of Section 39. The 90-day and 180-day time periods for the
3
Agency to take final action do not apply to NPDES permit
4
applications under subsection (b) of this Section, to RCRA
5
permit applications under subsection (d) of this Section, to
6
UIC permit applications under subsection (e) of this Section,
7
or to CCR surface impoundment applications under subsection
8
(y) of this Section.
9

The Agency shall publish notice of all final permit
10
determinations for development permits for MSWLF units and for
11
significant permit modifications for lateral expansions for
12
existing MSWLF units one time in a newspaper of general
13
circulation in the county in which the unit is or is proposed
14
to be located.
15

After January 1, 1994 and until July 1, 1998, operating
16
permits issued under this Section by the Agency for sources of
17
air pollution permitted to emit less than 25 tons per year of
18
any combination of regulated air pollutants, as defined in
19
Section 39.5 of this Act, shall be required to be renewed only
20
upon written request by the Agency consistent with applicable
21
provisions of this Act and regulations promulgated hereunder.
22
Such operating permits shall expire 180 days after the date of
23
such a request. The Board shall revise its regulations for the
24
existing State air pollution operating permit program
25
consistent with this provision by January 1, 1994.
26

After June 30, 1998, operating permits issued under this

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1
Section by the Agency for sources of air pollution that are not
2
subject to Section 39.5 of this Act and are not required to
3
have a federally enforceable State operating permit shall be
4
required to be renewed only upon written request by the Agency
5
consistent with applicable provisions of this Act and its
6
rules. Such operating permits shall expire 180 days after the
7
date of such a request. Before July 1, 1998, the Board shall
8
revise its rules for the existing State air pollution
9
operating permit program consistent with this paragraph and
10
shall adopt rules that require a source to demonstrate that it
11
qualifies for a permit under this paragraph.
12

Each air pollution construction permit for diesel powered
13
backup generators to a source that is a data center, as defined
14
in subsection (c) of Section 605-1025 of the Department of
15
Commerce and Economic Opportunity Law of the Civil
16
Administrative Code of Illinois, that is applied for 6 months
17
after the effective date of this amendatory Act of the 104th
18
General Assembly and that is required to have a federally
19
enforceable State operating permit or a Clean Air Act Permit
20
Program permit shall, in addition to any other applicable
21
requirements, require each backup generator to: (i) meet
22
standards at least as protective as Tier 4 standards for
23
non-road diesel engines set out by the United States
24
Environmental Protection Agency in 40 CFR 1039, as it exists
25
on the effective date of this amendatory Act of the 104th
26
General Assembly, and (ii) operate solely as an emergency or

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standby unit in accordance with 35 Ill. Adm. Code 211.1920, as
2
it exists on the effective date of this amendatory Act of the
3
104th General Assembly. If a diesel powered backup generator
4
becomes out of compliance with the Tier 4 standards for
5
non-road compression-ignition engines during a power outage,
6
the backup generator may (1) continue to operate for up to 24
7
sequential hours after becoming noncompliant with the Tier 4
8
standards or (2) operate when compliance is achieved.
9
Notwithstanding any provision of law to the contrary,
10
operation of the backup generator for up to 24 sequential
11
hours after becoming noncompliant with the Tier 4 standards
12
shall not be considered a violation of the permit.
13

Each air pollution construction permit for natural gas
14
powered backup generators for a source that is a data center,
15
as defined in subsection (c) of Section 605-1025 of the
16
Department of Commerce and Economic Opportunity Law of the
17
Civil Administrative Code of Illinois, that is applied for 6
18
months after the effective date of this amendatory Act of the
19
104th General Assembly and that is required to have a
20
federally enforceable State operating permit or a Clean Air
21
Act Permit Program permit shall, in addition to any other
22
applicable requirements, require each backup generator to: (i)
23
meet standards at least as protective as Tier 2 standards for
24
non-road large spark-ignition engines set out by the United
25
States Environmental Protection Agency in 40 CFR 1048, as it
26
exists on the effective date of this amendatory Act of the

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104th General Assembly, and (ii) operate solely as an
2
emergency or standby unit in accordance with 35 Ill. Adm. Code
3
211.1920, as it exists on the effective date of this
4
amendatory Act of the 104th General Assembly. If a natural gas
5
powered backup generator becomes out of compliance with the
6
Tier 2 standards for non-road large spark-ignition engines
7
during a power outage, the backup generator may (1) continue
8
to operate for up to 24 sequential hours after becoming
9
noncompliant with the Tier 2 standards or (2) operate when
10
compliance is achieved. Notwithstanding any provision of law
11
to the contrary, operation of the backup generator for up to 24
12
sequential hours after becoming noncompliant with the Tier 2
13
standards shall not be considered a violation of the permit.
14

(b) The Agency may issue NPDES permits exclusively under
15
this subsection for the discharge of contaminants from point
16
sources into navigable waters, all as defined in the Federal
17
Water Pollution Control Act, as now or hereafter amended,
18
within the jurisdiction of the State, or into any well.
19

All NPDES permits shall contain those terms and
20
conditions, including, but not limited to, schedules of
21
compliance, which may be required to accomplish the purposes
22
and provisions of this Act.
All NPDES Permits authorizing a
23
discharge from a facility designated by the Agency and the
24
USEPA as a major facility shall require, at a minimum, for
25
publicly owned treatment works, as well as for privately owned
26
sewage treatment works, periodic sampling of influent,

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1
effluent, and biosolids for all perfluoroalkyl and
2
polyfluoroalkyl substances for which there are accredited
3
wastewater analytical methods, and, for all other major
4
industrial facilities, periodic effluent sampling for all
5
perfluoroalkyl and polyfluoroalkyl substances for which there
6
are accredited wastewater analytical methods. If a permittee
7
demonstrates through monitoring data that perfluoroalkyl and
8
polyfluoroalkyl substances have not been detected above the
9
minimum level of quantification for a period of 2 consecutive
10
years, the permittee may request a modification of the NPDES
11
permit. If the Agency makes a determination that such a
12
request is acceptable, then the NPDES permit may be modified
13
to reduce sample frequency.

14

The Agency may issue general NPDES permits for discharges
15
from categories of point sources which are subject to the same
16
permit limitations and conditions. Such general permits may be
17
issued without individual applications and shall conform to
18
regulations promulgated under Section 402 of the Federal Water
19
Pollution Control Act, as now or hereafter amended.
20

The Agency may include, among such conditions, effluent
21
limitations and other requirements established under this Act,
22
Board regulations, the Federal Water Pollution Control Act, as
23
now or hereafter amended, and regulations pursuant thereto,
24
and schedules for achieving compliance therewith at the
25
earliest reasonable date.
26

The Agency shall adopt filing requirements and procedures

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1
which are necessary and appropriate for the issuance of NPDES
2
permits, and which are consistent with the Act or regulations
3
adopted by the Board, and with the Federal Water Pollution
4
Control Act, as now or hereafter amended, and regulations
5
pursuant thereto.
The Agency shall require any NPDES permit
6
application for a discharge of wastewater that has potential
7
to contain perfluoroalkyl and polyfluoroalkyl substances to
8
fully characterize the discharge through sample results for
9
all perfluoroalkyl and polyfluoroalkyl substances for which
10
there are accredited wastewater analytical methods.

11

The Agency, subject to any conditions which may be
12
prescribed by Board regulations, may issue NPDES permits to
13
allow discharges beyond deadlines established by this Act or
14
by regulations of the Board without the requirement of a
15
variance, subject to the Federal Water Pollution Control Act,
16
as now or hereafter amended, and regulations pursuant thereto.
17

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

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subsection (c), and for purposes of Section 39.2 of this Act,
2
the appropriate county board or governing body of the
3
municipality shall be the county board of the county or the
4
governing body of the municipality in which the facility is to
5
be located as of the date when the application for siting
6
approval is filed.
7

In the event that siting approval granted pursuant to
8
Section 39.2 has been transferred to a subsequent owner or
9
operator, that subsequent owner or operator may apply to the
10
Agency for, and the Agency may grant, a development or
11
construction permit for the facility for which local siting
12
approval was granted. Upon application to the Agency for a
13
development or construction permit by that subsequent owner or
14
operator, the permit applicant shall cause written notice of
15
the permit application to be served upon the appropriate
16
county board or governing body of the municipality that
17
granted siting approval for that facility and upon any party
18
to the siting proceeding pursuant to which siting approval was
19
granted. In that event, the Agency shall conduct an evaluation
20
of the subsequent owner or operator's prior experience in
21
waste management operations in the manner conducted under
22
subsection (i) of Section 39 of this Act.
23

Beginning August 20, 1993, if the pollution control
24
facility consists of a hazardous or solid waste disposal
25
facility for which the proposed site is located in an
26
unincorporated area of a county with a population of less than

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100,000 and includes all or a portion of a parcel of land that
2
was, on April 1, 1993, adjacent to a municipality having a
3
population of less than 5,000, then the local siting review
4
required under this subsection (c) in conjunction with any
5
permit applied for after that date shall be performed by the
6
governing body of that adjacent municipality rather than the
7
county board of the county in which the proposed site is
8
located; and for the purposes of that local siting review, any
9
references in this Act to the county board shall be deemed to
10
mean the governing body of that adjacent municipality;
11
provided, however, that the provisions of this paragraph shall
12
not apply to any proposed site which was, on April 1, 1993,
13
owned in whole or in part by another municipality.
14

In the case of a pollution control facility for which a
15
development permit was issued before November 12, 1981, if an
16
operating permit has not been issued by the Agency prior to
17
August 31, 1989 for any portion of the facility, then the
18
Agency may not issue or renew any development permit nor issue
19
an original operating permit for any portion of such facility
20
unless the applicant has submitted proof to the Agency that
21
the location of the facility has been approved by the
22
appropriate county board or municipal governing body pursuant
23
to Section 39.2 of this Act.
24

After January 1, 1994, if a solid waste disposal facility,
25
any portion for which an operating permit has been issued by
26
the Agency, has not accepted waste disposal for 5 or more

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consecutive calendar years, before that facility may accept
2
any new or additional waste for disposal, the owner and
3
operator must obtain a new operating permit under this Act for
4
that facility unless the owner and operator have applied to
5
the Agency for a permit authorizing the temporary suspension
6
of waste acceptance. The Agency may not issue a new operation
7
permit under this Act for the facility unless the applicant
8
has submitted proof to the Agency that the location of the
9
facility has been approved or re-approved by the appropriate
10
county board or municipal governing body under Section 39.2 of
11
this Act after the facility ceased accepting waste.
12

Except for those facilities owned or operated by sanitary
13
districts organized under the Metropolitan Water Reclamation
14
District Act, and except for new pollution control facilities
15
governed by Section 39.2, and except for fossil fuel mining
16
facilities, the granting of a permit under this Act shall not
17
relieve the applicant from meeting and securing all necessary
18
zoning approvals from the unit of government having zoning
19
jurisdiction over the proposed facility.
20

Before beginning construction on any new sewage treatment
21
plant or sludge drying site to be owned or operated by a
22
sanitary district organized under the Metropolitan Water
23
Reclamation District Act for which a new permit (rather than
24
the renewal or amendment of an existing permit) is required,
25
such sanitary district shall hold a public hearing within the
26
municipality within which the proposed facility is to be

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located, or within the nearest community if the proposed
2
facility is to be located within an unincorporated area, at
3
which information concerning the proposed facility shall be
4
made available to the public, and members of the public shall
5
be given the opportunity to express their views concerning the
6
proposed facility.
7

The Agency may issue a permit for a municipal waste
8
transfer station without requiring approval pursuant to
9
Section 39.2 provided that the following demonstration is
10
made:
11

(1) the municipal waste transfer station was in
12

existence on or before January 1, 1979 and was in
13

continuous operation from January 1, 1979 to January 1,
14

1993;
15

(2) the operator submitted a permit application to the
16

Agency to develop and operate the municipal waste transfer
17

station during April of 1994;
18

(3) the operator can demonstrate that the county board
19

of the county, if the municipal waste transfer station is
20

in an unincorporated area, or the governing body of the
21

municipality, if the station is in an incorporated area,
22

does not object to resumption of the operation of the
23

station; and
24

(4) the site has local zoning approval.
25

(d) The Agency may issue RCRA permits exclusively under
26
this subsection to persons owning or operating a facility for

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the treatment, storage, or disposal of hazardous waste as
2
defined under this Act. Subsection (y) of this Section, rather
3
than this subsection (d), shall apply to permits issued for
4
CCR surface impoundments.
5

All RCRA permits shall contain those terms and conditions,
6
including, but not limited to, schedules of compliance, which
7
may be required to accomplish the purposes and provisions of
8
this Act. The Agency may include among such conditions
9
standards and other requirements established under this Act,
10
Board regulations, the Resource Conservation and Recovery Act
11
of 1976 (P.L. 94-580), as amended, and regulations pursuant
12
thereto, and may include schedules for achieving compliance
13
therewith as soon as possible. The Agency shall require that a
14
performance bond or other security be provided as a condition
15
for the issuance of a RCRA permit.
16

In the case of a permit to operate a hazardous waste or PCB
17
incinerator as defined in subsection (k) of Section 44, the
18
Agency shall require, as a condition of the permit, that the
19
operator of the facility perform such analyses of the waste to
20
be incinerated as may be necessary and appropriate to ensure
21
the safe operation of the incinerator.
22

The Agency shall adopt filing requirements and procedures
23
which are necessary and appropriate for the issuance of RCRA
24
permits, and which are consistent with the Act or regulations
25
adopted by the Board, and with the Resource Conservation and
26
Recovery Act of 1976 (P.L. 94-580), as amended, and

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regulations pursuant thereto.
2

The applicant shall make available to the public for
3
inspection all documents submitted by the applicant to the
4
Agency in furtherance of an application, with the exception of
5
trade secrets, at the office of the county board or governing
6
body of the municipality. Such documents may be copied upon
7
payment of the actual cost of reproduction during regular
8
business hours of the local office. The Agency shall issue a
9
written statement concurrent with its grant or denial of the
10
permit explaining the basis for its decision.
11

(e) The Agency may issue UIC permits exclusively under
12
this subsection to persons owning or operating a facility for
13
the underground injection of contaminants as defined under
14
this Act.
15

All UIC permits shall contain those terms and conditions,
16
including, but not limited to, schedules of compliance, which
17
may be required to accomplish the purposes and provisions of
18
this Act. The Agency may include among such conditions
19
standards and other requirements established under this Act,
20
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
21
as amended, and regulations pursuant thereto, and may include
22
schedules for achieving compliance therewith. The Agency shall
23
require that a performance bond or other security be provided
24
as a condition for the issuance of a UIC permit.
25

The Agency shall adopt filing requirements and procedures
26
which are necessary and appropriate for the issuance of UIC

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permits, and which are consistent with the Act or regulations
2
adopted by the Board, and with the Safe Drinking Water Act
3
(P.L. 93-523), as amended, and regulations pursuant thereto.
4

The applicant shall make available to the public for
5
inspection all documents submitted by the applicant to the
6
Agency in furtherance of an application, with the exception of
7
trade secrets, at the office of the county board or governing
8
body of the municipality. Such documents may be copied upon
9
payment of the actual cost of reproduction during regular
10
business hours of the local office. The Agency shall issue a
11
written statement concurrent with its grant or denial of the
12
permit explaining the basis for its decision.
13

(f) In making any determination pursuant to Section 9.1 of
14
this Act:
15

(1) The Agency shall have authority to make the
16

determination of any question required to be determined by
17

the Clean Air Act, as now or hereafter amended, this Act,
18

or the regulations of the Board, including the
19

determination of the Lowest Achievable Emission Rate,
20

Maximum Achievable Control Technology, or Best Available
21

Control Technology, consistent with the Board's
22

regulations, if any.
23

(2) The Agency shall adopt requirements as necessary
24

to implement public participation procedures, including,
25

but not limited to, public notice, comment, and an
26

opportunity for hearing, which must accompany the

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processing of applications for PSD permits. The Agency
2

shall briefly describe and respond to all significant
3

comments on the draft permit raised during the public
4

comment period or during any hearing. The Agency may group
5

related comments together and provide one unified response
6

for each issue raised.
7

(3) Any complete permit application submitted to the
8

Agency under this subsection for a PSD permit shall be
9

granted or denied by the Agency not later than one year
10

after the filing of such completed application.
11

(4) The Agency shall, after conferring with the
12

applicant, give written notice to the applicant of its
13

proposed decision on the application, including the terms
14

and conditions of the permit to be issued and the facts,
15

conduct, or other basis upon which the Agency will rely to
16

support its proposed action.
17

(g) The Agency shall include as conditions upon all
18
permits issued for hazardous waste disposal sites such
19
restrictions upon the future use of such sites as are
20
reasonably necessary to protect public health and the
21
environment, including permanent prohibition of the use of
22
such sites for purposes which may create an unreasonable risk
23
of injury to human health or to the environment. After
24
administrative and judicial challenges to such restrictions
25
have been exhausted, the Agency shall file such restrictions
26
of record in the Office of the Recorder of the county in which

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the hazardous waste disposal site is located.
2

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

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from a response action, in which case the person performing
2
the response action is the generator. This subsection (h) does
3
not apply to any hazardous waste that is restricted from land
4
disposal under 35 Ill. Adm. Code 728.
5

(i) Before issuing any RCRA permit, any permit for a waste
6
storage site, sanitary landfill, waste disposal site, waste
7
transfer station, waste treatment facility, waste incinerator,
8
or any waste-transportation operation, any permit or interim
9
authorization for a clean construction or demolition debris
10
fill operation, or any permit required under subsection (d-5)
11
of Section 55, the Agency shall conduct an evaluation of the
12
prospective owner's or operator's prior experience in waste
13
management operations, clean construction or demolition debris
14
fill operations, and tire storage site management. The Agency
15
may deny such a permit, or deny or revoke interim
16
authorization, if the prospective owner or operator or any
17
employee or officer of the prospective owner or operator has a
18
history of:
19

(1) repeated violations of federal, State, or local
20

laws, regulations, standards, or ordinances in the
21

operation of waste management facilities or sites, clean
22

construction or demolition debris fill operation
23

facilities or sites, or tire storage sites; or
24

(2) conviction in this or another State of any crime
25

which is a felony under the laws of this State, or
26

conviction of a felony in a federal court; or conviction

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in this or another state or federal court of any of the
2

following crimes: forgery, official misconduct, bribery,
3

perjury, or knowingly submitting false information under
4

any environmental law, regulation, or permit term or
5

condition; or
6

(3) proof of gross carelessness or incompetence in
7

handling, storing, processing, transporting, or disposing
8

of waste, clean construction or demolition debris, or used
9

or waste tires, or proof of gross carelessness or
10

incompetence in using clean construction or demolition
11

debris as fill.
12

(i-5) Before issuing any permit or approving any interim
13
authorization for a clean construction or demolition debris
14
fill operation in which any ownership interest is transferred
15
between January 1, 2005, and the effective date of the
16
prohibition set forth in Section 22.52 of this Act, the Agency
17
shall conduct an evaluation of the operation if any previous
18
activities at the site or facility may have caused or allowed
19
contamination of the site. It shall be the responsibility of
20
the owner or operator seeking the permit or interim
21
authorization to provide to the Agency all of the information
22
necessary for the Agency to conduct its evaluation. The Agency
23
may deny a permit or interim authorization if previous
24
activities at the site may have caused or allowed
25
contamination at the site, unless such contamination is
26
authorized under any permit issued by the Agency.

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(j) The issuance under this Act of a permit to engage in
2
the surface mining of any resources other than fossil fuels
3
shall not relieve the permittee from its duty to comply with
4
any applicable local law regulating the commencement,
5
location, or operation of surface mining facilities.
6

(k) A development permit issued under subsection (a) of
7
Section 39 for any facility or site which is required to have a
8
permit under subsection (d) of Section 21 shall expire at the
9
end of 2 calendar years from the date upon which it was issued,
10
unless within that period the applicant has taken action to
11
develop the facility or the site. In the event that review of
12
the conditions of the development permit is sought pursuant to
13
Section 40 or 41, or permittee is prevented from commencing
14
development of the facility or site by any other litigation
15
beyond the permittee's control, such two-year period shall be
16
deemed to begin on the date upon which such review process or
17
litigation is concluded.
18

(l) No permit shall be issued by the Agency under this Act
19
for construction or operation of any facility or site located
20
within the boundaries of any setback zone established pursuant
21
to this Act, where such construction or operation is
22
prohibited.
23

(m) The Agency may issue permits to persons owning or
24
operating a facility for composting landscape waste. In
25
granting such permits, the Agency may impose such conditions
26
as may be necessary to accomplish the purposes of this Act, and

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as are not inconsistent with applicable regulations
2
promulgated by the Board. Except as otherwise provided in this
3
Act, a bond or other security shall not be required as a
4
condition for the issuance of a permit. If the Agency denies
5
any permit pursuant to this subsection, the Agency shall
6
transmit to the applicant within the time limitations of this
7
subsection specific, detailed statements as to the reasons the
8
permit application was denied. Such statements shall include
9
but not be limited to the following:
10

(1) the Sections of this Act that may be violated if
11

the permit were granted;
12

(2) the specific regulations promulgated pursuant to
13

this Act that may be violated if the permit were granted;
14

(3) the specific information, if any, the Agency deems
15

the applicant did not provide in its application to the
16

Agency; and
17

(4) a statement of specific reasons why the Act and
18

the regulations might be violated if the permit were
19

granted.
20

If no final action is taken by the Agency within 90 days
21
after the filing of the application for permit, the applicant
22
may deem the permit issued. Any applicant for a permit may
23
waive the 90-day limitation by filing a written statement with
24
the Agency.
25

The Agency shall issue permits for such facilities upon
26
receipt of an application that includes a legal description of

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1
the site, a topographic map of the site drawn to the scale of
2
200 feet to the inch or larger, a description of the operation,
3
including the area served, an estimate of the volume of
4
materials to be processed, and documentation that:
5

(1) the facility includes a setback of at least 200
6

feet from the nearest potable water supply well;
7

(2) the facility is located outside the boundary of
8

the 10-year floodplain or the site will be floodproofed;
9

(3) the facility is located so as to minimize
10

incompatibility with the character of the surrounding
11

area, including at least a 200 foot setback from any
12

residence, and in the case of a facility that is developed
13

or the permitted composting area of which is expanded
14

after November 17, 1991, the composting area is located at
15

least 1/8 mile from the nearest residence (other than a
16

residence located on the same property as the facility);
17

(4) the design of the facility will prevent any
18

compost material from being placed within 5 feet of the
19

water table, will adequately control runoff from the site,
20

and will collect and manage any leachate that is generated
21

on the site;
22

(5) the operation of the facility will include
23

appropriate dust and odor control measures, limitations on
24

operating hours, appropriate noise control measures for
25

shredding, chipping and similar equipment, management
26

procedures for composting, containment and disposal of

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non-compostable wastes, procedures to be used for
2

terminating operations at the site, and recordkeeping
3

sufficient to document the amount of materials received,
4

composted, and otherwise disposed of; and
5

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

any applicable rules adopted by the Board.
7

The Agency shall issue renewable permits of not longer
8
than 10 years in duration for the composting of landscape
9
wastes, as defined in Section 3.155 of this Act, based on the
10
above requirements.
11

The operator of any facility permitted under this
12
subsection (m) must submit a written annual statement to the
13
Agency on or before April 1 of each year that includes an
14
estimate of the amount of material, in tons, received for
15
composting.
16

(n) The Agency shall issue permits jointly with the
17
Department of Transportation for the dredging or deposit of
18
material in Lake Michigan in accordance with Section 18 of the
19
Rivers, Lakes, and Streams Act.
20

(o) (Blank).
21

(p) (1) Any person submitting an application for a permit
22
for a new MSWLF unit or for a lateral expansion under
23
subsection (t) of Section 21 of this Act for an existing MSWLF
24
unit that has not received and is not subject to local siting
25
approval under Section 39.2 of this Act shall publish notice
26
of the application in a newspaper of general circulation in

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the county in which the MSWLF unit is or is proposed to be
2
located. The notice must be published at least 15 days before
3
submission of the permit application to the Agency. The notice
4
shall state the name and address of the applicant, the
5
location of the MSWLF unit or proposed MSWLF unit, the nature
6
and size of the MSWLF unit or proposed MSWLF unit, the nature
7
of the activity proposed, the probable life of the proposed
8
activity, the date the permit application will be submitted,
9
and a statement that persons may file written comments with
10
the Agency concerning the permit application within 30 days
11
after the filing of the permit application unless the time
12
period to submit comments is extended by the Agency.
13

When a permit applicant submits information to the Agency
14
to supplement a permit application being reviewed by the
15
Agency, the applicant shall not be required to reissue the
16
notice under this subsection.
17

(2) The Agency shall accept written comments concerning
18
the permit application that are postmarked no later than 30
19
days after the filing of the permit application, unless the
20
time period to accept comments is extended by the Agency.
21

(3) Each applicant for a permit described in part (1) of
22
this subsection shall file a copy of the permit application
23
with the county board or governing body of the municipality in
24
which the MSWLF unit is or is proposed to be located at the
25
same time the application is submitted to the Agency. The
26
permit application filed with the county board or governing

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body of the municipality shall include all documents submitted
2
to or to be submitted to the Agency, except trade secrets as
3
determined under Section 7.1 of this Act. The permit
4
application and other documents on file with the county board
5
or governing body of the municipality shall be made available
6
for public inspection during regular business hours at the
7
office of the county board or the governing body of the
8
municipality and may be copied upon payment of the actual cost
9
of reproduction.
10

(q) Within 6 months after July 12, 2011 (the effective
11
date of Public Act 97-95), the Agency, in consultation with
12
the regulated community, shall develop a web portal to be
13
posted on its website for the purpose of enhancing review and
14
promoting timely issuance of permits required by this Act. At
15
a minimum, the Agency shall make the following information
16
available on the web portal:
17

(1) Checklists and guidance relating to the completion
18

of permit applications, developed pursuant to subsection
19

(s) of this Section, which may include, but are not
20

limited to, existing instructions for completing the
21

applications and examples of complete applications. As the
22

Agency develops new checklists and develops guidance, it
23

shall supplement the web portal with those materials.
24

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

date of Public Act 97-95), permit application forms or
26

portions of permit applications that can be completed and

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saved electronically, and submitted to the Agency
2

electronically with digital signatures.
3

(3) Within 2 years after July 12, 2011 (the effective
4

date of Public Act 97-95), an online tracking system where
5

an applicant may review the status of its pending
6

application, including the name and contact information of
7

the permit analyst assigned to the application. Until the
8

online tracking system has been developed, the Agency
9

shall post on its website semi-annual permitting
10

efficiency tracking reports that include statistics on the
11

timeframes for Agency action on the following types of
12

permits received after July 12, 2011 (the effective date
13

of Public Act 97-95): air construction permits, new NPDES
14

permits and associated water construction permits, and
15

modifications of major NPDES permits and associated water
16

construction permits. The reports must be posted by
17

February 1 and August 1 each year and shall include:
18

(A) the number of applications received for each
19

type of permit, the number of applications on which
20

the Agency has taken action, and the number of
21

applications still pending; and
22

(B) for those applications where the Agency has
23

not taken action in accordance with the timeframes set
24

forth in this Act, the date the application was
25

received and the reasons for any delays, which may
26

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

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application being inadequate or incomplete, (ii)
2

scientific or technical disagreements with the
3

applicant, USEPA, or other local, state, or federal
4

agencies involved in the permitting approval process,
5

(iii) public opposition to the permit, or (iv) Agency
6

staffing shortages. To the extent practicable, the
7

tracking report shall provide approximate dates when
8

cause for delay was identified by the Agency, when the
9

Agency informed the applicant of the problem leading
10

to the delay, and when the applicant remedied the
11

reason for the delay.
12

(r) Upon the request of the applicant, the Agency shall
13
notify the applicant of the permit analyst assigned to the
14
application upon its receipt.
15

(s) The Agency is authorized to prepare and distribute
16
guidance documents relating to its administration of this
17
Section and procedural rules implementing this Section.
18
Guidance documents prepared under this subsection shall not be
19
considered rules and shall not be subject to the Illinois
20
Administrative Procedure Act. Such guidance shall not be
21
binding on any party.
22

(t) Except as otherwise prohibited by federal law or
23
regulation, any person submitting an application for a permit
24
may include with the application suggested permit language for
25
Agency consideration. The Agency is not obligated to use the
26
suggested language or any portion thereof in its permitting

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1
decision. If requested by the permit applicant, the Agency
2
shall meet with the applicant to discuss the suggested
3
language.
4

(u) If requested by the permit applicant, the Agency shall
5
provide the permit applicant with a copy of the draft permit
6
prior to any public review period.
7

(v) If requested by the permit applicant, the Agency shall
8
provide the permit applicant with a copy of the final permit
9
prior to its issuance.
10

(w) An air pollution permit shall not be required due to
11
emissions of greenhouse gases, as specified by Section 9.15 of
12
this Act.
13

(x) If, before the expiration of a State operating permit
14
that is issued pursuant to subsection (a) of this Section and
15
contains federally enforceable conditions limiting the
16
potential to emit of the source to a level below the major
17
source threshold for that source so as to exclude the source
18
from the Clean Air Act Permit Program, the Agency receives a
19
complete application for the renewal of that permit, then all
20
of the terms and conditions of the permit shall remain in
21
effect until final administrative action has been taken on the
22
application for the renewal of the permit.
23

(y) The Agency may issue permits exclusively under this
24
subsection to persons owning or operating a CCR surface
25
impoundment subject to Section 22.59.
26

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

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1
Department of Agriculture in accordance with the Animal
2
Mortality Act:
3

(1) the owner or operator responsible for the disposal
4

of dead animals is exempted from the following:
5

(i) obtaining a permit for the construction,
6

installation, or operation of any type of facility or
7

equipment issued in accordance with subsection (a) of
8

this Section;
9

(ii) obtaining a permit for open burning in
10

accordance with the rules adopted by the Board; and
11

(iii) registering the disposal of dead animals as
12

an eligible small source with the Agency in accordance
13

with Section 9.14 of this Act;
14

(2) as applicable, the owner or operator responsible
15

for the disposal of dead animals is required to obtain the
16

following permits:
17

(i) an NPDES permit in accordance with subsection
18

(b) of this Section;
19

(ii) a PSD permit or an NA NSR permit in accordance
20

with Section 9.1 of this Act;
21

(iii) a lifetime State operating permit or a
22

federally enforceable State operating permit, in
23

accordance with subsection (a) of this Section; or
24

(iv) a CAAPP permit, in accordance with Section
25

39.5 of this Act.
26

All CCR surface impoundment permits shall contain those

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1
terms and conditions, including, but not limited to, schedules
2
of compliance, which may be required to accomplish the
3
purposes and provisions of this Act, Board regulations, the
4
Illinois Groundwater Protection Act and regulations pursuant
5
thereto, and the Resource Conservation and Recovery Act and
6
regulations pursuant thereto, and may include schedules for
7
achieving compliance therewith as soon as possible.
8

The Board shall adopt filing requirements and procedures
9
that are necessary and appropriate for the issuance of CCR
10
surface impoundment permits and that are consistent with this
11
Act or regulations adopted by the Board, and with the RCRA, as
12
amended, and regulations pursuant thereto.
13

The applicant shall make available to the public for
14
inspection all documents submitted by the applicant to the
15
Agency in furtherance of an application, with the exception of
16
trade secrets, on its public internet website as well as at the
17
office of the county board or governing body of the
18
municipality where CCR from the CCR surface impoundment will
19
be permanently disposed. Such documents may be copied upon
20
payment of the actual cost of reproduction during regular
21
business hours of the local office.
22

The Agency shall issue a written statement concurrent with
23
its grant or denial of the permit explaining the basis for its
24
decision.
25
(Source: P.A. 104-458, eff. 6-1-26.)

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1

(415 ILCS 5/39.16 new)
2

Sec. 39.16.
Requirement to sample sludges and biosolids
3
for perfluoroalkyl and polyfluoroalkyl substances.
4

(a) The purpose of this Section is to provide for the
5
sampling for perfluoroalkyl and polyfluoroalkyl substances of
6
any sludge or biosolid that is land applied pursuant to a
7
permit issued by the Agency.
8

(b) The Agency shall not issue any permit required under
9
subsection (b) of Section 12 for the land application of a
10
sludge or biosolid unless the application includes sample
11
results for the sludge or biosolid for all perfluoroalkyl and
12
polyfluoroalkyl substances for which there are accredited
13
wastewater analytical methods.
14

(c) Any permit required under subsection (b) of Section 12
15
issued by the Agency for the land application of a sludge or
16
biosolid shall require, at a minimum, periodic sampling of the
17
sludge or biosolid for all perfluoroalkyl and polyfluoroalkyl
18
substances for which there are accredited wastewater
19
analytical methods.

20

Section 95.
No acceleration or delay.
Where this Act makes
21
changes in a statute that is represented in this Act by text
22
that is not yet or no longer in effect (for example, a Section
23
represented by multiple versions), the use of that text does
24
not accelerate or delay the taking effect of (i) the changes
25
made by this Act or (ii) provisions derived from any other

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Public Act.

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