415 ILCS 5/39.2
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title X - Permits

 (from Ch. 111 1/2, par. 1039.2)Sec. 39.2. Local siting review.(a) The county board of the county or the governing body of the  municipality, as determined by paragraph (c) of Section 39 of this Act, shall  approve or disapprove the request for local siting approval for each pollution  control facility which is subject to such review.  An applicant for local  siting approval shall submit sufficient details describing the proposed  facility and evidence to demonstrate compliance, and local siting approval shall be granted  only if the proposed facility meets the following criteria:(i) the facility is necessary to accommodate the     waste needs of the area it is intended to serve;(ii) the facility is so designed, located and     proposed to be operated that the public health, safety and welfare will be protected;(iii) the facility is located so as to minimize     incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;(iv) (A) for a facility other than a sanitary     landfill or waste disposal site, the facility is located outside the boundary of the 100 year flood plain or the site is flood-proofed; (B) for a facility that is a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain, or if the facility is a facility described in subsection (b)(3) of Section 22.19a, the site is flood-proofed;(v) the plan of operations for the facility is     designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;(vi) the traffic patterns to or from the facility are     so designed as to minimize the impact on existing traffic flows;(vii) if the facility will be treating, storing or     disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in case of an accidental release;(viii) if the facility is to be located in a county     where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; for purposes of this criterion (viii), the "solid waste management plan" means the plan that is in effect as of the date the application for siting approval is filed; and(ix) if the facility will be located within a     regulated recharge area, any applicable requirements specified by the Board for such areas have been met.The county board or the governing body of the municipality may also  consider as evidence the previous operating experience and past record of  convictions or admissions of violations of the applicant (and any subsidiary  or parent corporation) in the field of solid waste management when  considering criteria (ii) and (v) under this Section.If the facility is subject to the location restrictions in Section 22.14 of this Act, compliance with that Section shall be determined as of the date the application for siting approval is filed.(b) No later than 14 days before the date on which the county board or  governing body of the municipality receives a request for  site approval, the applicant shall cause written notice  of such request to be served either in person or by registered mail, return  receipt requested, on the owners of all property within the subject area not  solely owned by the applicant, and on the owners of all property within 250  feet in each direction of the lot line of the subject property, said owners  being such persons or entities which appear from the authentic tax records of  the County in which such facility is to be located; provided, that the number  of all feet occupied by all public roads, streets, alleys and other public ways  shall be excluded in computing the 250 feet requirement; provided further, that  in no event shall this requirement exceed 400 feet, including public streets,  alleys and other public ways.Such written notice shall also be served upon members of the General Assembly  from the legislative district in which the proposed facility is located  and shall be published in a newspaper of general circulation published in  the county in which the site is located.Such notice shall state the name and address of the applicant, the location  of the proposed site, the nature and size of the development, the nature of the  activity proposed, the probable life of the proposed activity, the date when  the request for site approval will be submitted, and a description of the right  of persons to comment on such request as hereafter provided.(c) An applicant shall file a copy of its request with the county board  of the county or the governing body of the municipality in which the proposed  site is located.  The request shall include (i) the substance of the  applicant's proposal and (ii) all documents, if any, submitted as of that date  to the Agency pertaining to the proposed facility, except trade secrets as  determined under Section 7.1 of this Act.  All such documents or other  materials on file with the county board or governing body of the municipality  shall be made available for public inspection at the office of the county board  or the governing body of the municipality and may be copied upon payment of the  actual cost of reproduction.Any person may file written comment with the county board or governing  body of the municipality concerning the appropriateness of the proposed  site for its intended purpose.  The county board or governing body of the  municipality shall consider any comment received or postmarked not later  than 30 days after the date of the last public hearing.(d) At least one public hearing, at which an applicant shall present at least one witness to testify subject to cross-examination, is to be held by the county board or  governing body of the municipality no sooner than 90 days but no later than  120 days after the date on which it received the  request for site approval.  No later than 14 days prior to such hearing,  notice shall be published in a newspaper of general circulation published in  the county of the proposed site, and delivered by certified mail to all members  of the General Assembly from the district in which the proposed site is  located, to the governing authority of every municipality contiguous to the  proposed site or contiguous to the municipality in which the proposed site is  to be located, to the county board of the county where the proposed site is to  be located, if the proposed site is located within the boundaries of a  municipality, and to the Agency.  Members or representatives of the governing  authority of a municipality contiguous to the proposed site or contiguous to  the municipality in which the proposed site is to be located  and, if the  proposed site is located in a municipality, members or representatives of the  county board of a county in which the proposed site is to be located may appear  at and participate in public hearings held pursuant to this Section.  The  public hearing shall develop a record sufficient to form the basis of appeal  of the decision in accordance with Section 40.1 of this Act.  The fact that a  member of the county board or governing body of the municipality has publicly  expressed an opinion on an issue related to a site review proceeding shall not  preclude the member from taking part in the proceeding and voting on the issue.(e) Decisions of the county board or governing body of the municipality  are to be in writing, confirming a public hearing was held with testimony from at least one witness presented by the applicant, specifying the reasons for the decision, such reasons  to be in conformance with subsection (a) of this Section.  In granting approval  for a site the county board or governing body of the municipality may impose  such conditions as may be reasonable and necessary to accomplish the purposes  of this Section and as are not inconsistent with regulations promulgated  by the Board.  Such decision shall be available for public inspection at  the office of the county board or governing body of the municipality and  may be copied upon payment of the actual cost of reproduction.  If there is  no final action by the county board or governing body of the municipality  within 180 days after the date on which it received the  request for site approval, the applicant may deem the request approved.At the public hearing, at any time prior to completion by the applicant of the presentation of  the applicant's factual evidence, testimony, and an opportunity for cross-examination   by the county board or governing body of the municipality and any participants,  the applicant may file not more than one amended application upon payment  of additional fees pursuant to subsection (k); in which case the time  limitation for final action set forth in this subsection (e) shall  be extended for an additional period of 90 days.If, prior to making a final local siting decision, a county board or  governing body of a municipality has negotiated and entered into a host  agreement with the local siting applicant, the terms and conditions of  the host agreement, whether written or oral, shall be disclosed and made  a part of the hearing record for that local siting proceeding.  In the case of an oral agreement, the disclosure shall be made in the form  of a written summary jointly prepared and submitted by the county board or  governing body of the municipality and the siting applicant and shall describe  the terms and conditions of the oral agreement.(e-5) Siting approval obtained pursuant to this Section is transferable  and may be transferred to a subsequent owner or operator.  In the event that  siting approval has been transferred to a subsequent owner or operator, that  subsequent owner or operator assumes and takes subject to any and all  conditions imposed upon the prior owner or operator by the county board of  the county or governing body of the municipality pursuant to subsection (e).  However, any such conditions imposed pursuant to this Section may be modified  by agreement between the subsequent owner or operator and the appropriate  county board or governing body.  Further, in the event that siting approval  obtained pursuant to this Section has been transferred to a subsequent owner or  operator, that subsequent owner or operator assumes all rights and obligations  and takes the facility subject to any and all terms and conditions of any  existing host agreement between the prior owner or operator and the appropriate  county board or governing body.(f) A local siting approval granted under this Section shall expire at  the end of 2 calendar years from the date upon which it was granted, unless  the local siting approval granted under this Section is for a sanitary landfill  operation, in which case the approval shall expire at the end of 3 calendar  years from the date upon which it was granted, and unless within that period  the applicant has made application to the Agency for a  permit to develop the site. In the event that the local siting decision has  been appealed, such expiration period shall be deemed to begin on the date  upon which the appeal process is concluded.Except as otherwise provided in this subsection, upon the expiration  of a development permit under subsection (k) of Section 39, any associated  local siting approval granted for the facility under this Section shall also  expire.If a first development permit for a municipal waste incineration  facility expires under subsection (k) of Section 39 after September 30,  1989 due to circumstances beyond the control of the applicant, any  associated local siting approval granted for the facility under this  Section may be used to fulfill the local siting approval requirement upon  application for a second development permit for the same site, provided  that the proposal in the new application is materially the same, with respect  to the criteria in subsection (a) of this Section, as the proposal that  received the original siting approval, and application for the second  development permit is made before January 1, 1990.(g) The siting approval procedures, criteria and appeal procedures  provided for in this Act for new pollution control facilities  shall be the exclusive siting procedures and rules and appeal procedures  for facilities subject to such procedures. Local zoning or other local land  use requirements shall not be applicable to such siting decisions.(h) Nothing in this Section shall apply to any existing or new  pollution control facility located within the corporate limits of  a municipality with a population of over 1,000,000.(i) (Blank.)The Board shall adopt regulations establishing the geologic and  hydrologic siting criteria necessary to protect usable groundwater  resources which are to be followed by the Agency in its review of permit  applications for new pollution control facilities.  Such  regulations, insofar as they apply to new pollution control  facilities authorized to store, treat or dispose of any hazardous waste,  shall be at least as stringent as the requirements of the Resource  Conservation and Recovery Act and any State or federal regulations adopted  pursuant thereto.(j) Any new pollution control facility which has never obtained local  siting approval under the provisions of this Section shall be required to  obtain such approval after a final decision on an appeal of a permit denial.(k) A county board or governing body of a municipality may charge  applicants for siting review under this Section a reasonable fee to cover  the reasonable and necessary costs incurred by such county or municipality  in the siting review process.(l) The governing Authority as determined by subsection (c) of Section  39 of this Act may request the Department of Transportation to perform  traffic impact studies of proposed or potential locations for required  pollution control facilities.(m) An applicant may not file a request for local siting approval which is  substantially the same as a request which was disapproved pursuant to a  finding against the applicant under any of criteria (i) through (ix) of  subsection (a) of this Section within the preceding 2 years.(n) In any review proceeding of a decision of the county board or  governing body of a municipality made pursuant to the local  siting review process, the petitioner in the review proceeding shall pay to  the county or municipality the cost of preparing and certifying the record  of proceedings.  Should the petitioner in the review proceeding fail to make  payment, the provisions of Section 3-109 of the Code of Civil  Procedure shall apply.In the event the petitioner is a citizens' group that participated in the  siting proceeding and is so located as to be affected by the proposed  facility, such petitioner shall be exempt from paying the costs of  preparing and certifying the record.(o) Notwithstanding any other provision of this Section, a transfer  station used exclusively for landscape waste, where landscape waste is held  no longer than 24 hours from the time it was received, is not subject to the  requirements of local siting approval under this Section, but is subject only  to local zoning approval.  (Source: P.A. 100-382, eff. 8-25-17.)