HB 5475

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Full Text of HB5475
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	HB5475 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5475
Introduced 2/13/2026, by Rep. Laura Faver Dias
SYNOPSIS AS INTRODUCED:
415 ILCS 5/39	  from Ch. 111 1/2, par. 1039
415 ILCS 5/39.16 new
Amends the Environmental Protection Act. Provides that all National Pollutant Discharge Elimination System permits authorizing a discharge from a facility designated by the Environmental Protection Agency and the United States Environmental Protection Agency as a major facility, shall, at a minimum, require for publicly owned treatment works, periodic sampling of influent, effluent, and biosolids for all perfluoroalkyl and polyfluoroalkyl substances for which there are accredited wastewater analytical methods and, for all other facilities, periodic effluent sampling for all perfluoroalkyl and polyfluoroalkyl substances for which there are accredited wastewater analytical methods. Provides that the Agency shall require any NPDES permit application for a discharge of wastewater that has potential to contain perfluoroalkyl and polyfluoroalkyl substances to fully characterize the discharge through sample results for all perfluoroalkyl and polyfluoroalkyl substances for which there are accredited wastewater analytical methods. Provides that the Agency shall not issue any permit under specified provisions for the land application of a sludge or biosolids unless the application includes sample results for the sludge or biosolids for all perfluoroalkyl and polyfluoroalkyl substances for which there are accredited wastewater analytical methods. Provides that any permit issued under specified provisions for the land application of a sludge or biosolids shall require, at minimum, periodic sampling of the sludge or biosolids for all perfluoroalkyl and polyfluoroalkyl substances for which there are accredited wastewater analytical methods.
LRB104 19362 BDA 32810 b
A BILL FOR
		HB5475		LRB104 19362 BDA 32810 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing 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
10the construction, installation, or operation of any type of
11facility, equipment, vehicle, vessel, or aircraft, the
12applicant shall apply to the Agency for such permit and it
13shall be the duty of the Agency to issue such a permit upon
14proof by the applicant that the facility, equipment, vehicle,
15vessel, or aircraft will not cause a violation of this Act or
16of regulations hereunder. The Agency shall adopt such
17procedures as are necessary to carry out its duties under this
18Section. In making its determinations on permit applications
19under this Section the Agency may consider prior adjudications
20of noncompliance with this Act by the applicant that involved
21a release of a contaminant into the environment. In granting
22permits, the Agency may impose reasonable conditions
23specifically related to the applicant's past compliance
		HB5475	- 2 -	LRB104 19362 BDA 32810 b
1history with this Act as necessary to correct, detect, or
2prevent noncompliance. The Agency may impose such other
3conditions as may be necessary to accomplish the purposes of
4this Act, and as are not inconsistent with the regulations
5promulgated by the Board hereunder. Except as otherwise
6provided in this Act, a bond or other security shall not be
7required as a condition for the issuance of a permit. If the
8Agency denies any permit under this Section, the Agency shall
9transmit to the applicant within the time limitations of this
10Section specific, detailed statements as to the reasons the
11permit application was denied. Such statements shall include,
12but 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
25after the filing of the application for permit, the applicant
26may deem the permit issued; except that this time period shall
		HB5475	- 3 -	LRB104 19362 BDA 32810 b
1be extended to 180 days when (1) notice and opportunity for
2public hearing are required by State or federal law or
3regulation, (2) the application which was filed is for any
4permit to develop a landfill subject to issuance pursuant to
5this subsection, or (3) the application that was filed is for a
6MSWLF unit required to issue public notice under subsection
7(p) of Section 39. The 90-day and 180-day time periods for the
8Agency to take final action do not apply to NPDES permit
9applications under subsection (b) of this Section, to RCRA
10permit applications under subsection (d) of this Section, to
11UIC permit applications under subsection (e) of this Section,
12or to CCR surface impoundment applications under subsection
13(y) of this Section.
14    The Agency shall publish notice of all final permit
15determinations for development permits for MSWLF units and for
16significant permit modifications for lateral expansions for
17existing MSWLF units one time in a newspaper of general
18circulation in the county in which the unit is or is proposed
19to be located.
20    After January 1, 1994 and until July 1, 1998, operating
21permits issued under this Section by the Agency for sources of
22air pollution permitted to emit less than 25 tons per year of
23any combination of regulated air pollutants, as defined in
24Section 39.5 of this Act, shall be required to be renewed only
25upon written request by the Agency consistent with applicable
26provisions of this Act and regulations promulgated hereunder.
		HB5475	- 4 -	LRB104 19362 BDA 32810 b
1Such operating permits shall expire 180 days after the date of
2such a request. The Board shall revise its regulations for the
3existing State air pollution operating permit program
4consistent with this provision by January 1, 1994.
5    After June 30, 1998, operating permits issued under this
6Section by the Agency for sources of air pollution that are not
7subject to Section 39.5 of this Act and are not required to
8have a federally enforceable State operating permit shall be
9required to be renewed only upon written request by the Agency
10consistent with applicable provisions of this Act and its
11rules. Such operating permits shall expire 180 days after the
12date of such a request. Before July 1, 1998, the Board shall
13revise its rules for the existing State air pollution
14operating permit program consistent with this paragraph and
15shall adopt rules that require a source to demonstrate that it
16qualifies for a permit under this paragraph.
17    (b) The Agency may issue NPDES permits exclusively under
18this subsection for the discharge of contaminants from point
19sources into navigable waters, all as defined in the Federal
20Water Pollution Control Act, as now or hereafter amended,
21within the jurisdiction of the State, or into any well.
22    All NPDES permits shall contain those terms and
23conditions, including, but not limited to, schedules of
24compliance, which may be required to accomplish the purposes
25and provisions of this Act. All NPDES Permits authorizing a 
26discharge from a facility designated by the Agency and the 
		HB5475	- 5 -	LRB104 19362 BDA 32810 b
1USEPA as a "major" facility, shall require, at a minimum, for 
2publicly owned treatment works, periodic sampling of influent, 
3effluent, and biosolids for all perfluoroalkyl and 
4polyfluoroalkyl substances for which there are accredited 
5wastewater analytical methods, and, for all other facilities, 
6periodic effluent sampling for all perfluoroalkyl and 
7polyfluoroalkyl substances for which there are accredited 
8wastewater analytical methods.
9    The Agency may issue general NPDES permits for discharges
10from categories of point sources which are subject to the same
11permit limitations and conditions. Such general permits may be
12issued without individual applications and shall conform to
13regulations promulgated under Section 402 of the Federal Water
14Pollution Control Act, as now or hereafter amended.
15    The Agency may include, among such conditions, effluent
16limitations and other requirements established under this Act,
17Board regulations, the Federal Water Pollution Control Act, as
18now or hereafter amended, and regulations pursuant thereto,
19and schedules for achieving compliance therewith at the
20earliest reasonable date.
21    The Agency shall adopt filing requirements and procedures
22which are necessary and appropriate for the issuance of NPDES
23permits, and which are consistent with the Act or regulations
24adopted by the Board, and with the Federal Water Pollution
25Control Act, as now or hereafter amended, and regulations
26pursuant thereto. The Agency shall require any NPDES permit 
		HB5475	- 6 -	LRB104 19362 BDA 32810 b
1application for a discharge of wastewater that has potential 
2to contain perfluoroalkyl and polyfluoroalkyl substances to 
3fully characterize the discharge through sample results for 
4all perfluoroalkyl and polyfluoroalkyl substances for which 
5there are accredited wastewater analytical methods.
6    The Agency, subject to any conditions which may be
7prescribed by Board regulations, may issue NPDES permits to
8allow discharges beyond deadlines established by this Act or
9by regulations of the Board without the requirement of a
10variance, subject to the Federal Water Pollution Control Act,
11as now or hereafter amended, and regulations pursuant thereto.
12    (c) Except for those facilities owned or operated by
13sanitary districts organized under the Metropolitan Water
14Reclamation District Act, no permit for the development or
15construction of a new pollution control facility may be
16granted by the Agency unless the applicant submits proof to
17the Agency that the location of the facility has been approved
18by the county board of the county if in an unincorporated area,
19or the governing body of the municipality when in an
20incorporated area, in which the facility is to be located in
21accordance with Section 39.2 of this Act. For purposes of this
22subsection (c), and for purposes of Section 39.2 of this Act,
23the appropriate county board or governing body of the
24municipality shall be the county board of the county or the
25governing body of the municipality in which the facility is to
26be located as of the date when the application for siting
		HB5475	- 7 -	LRB104 19362 BDA 32810 b
1approval is filed.
2    In the event that siting approval granted pursuant to
3Section 39.2 has been transferred to a subsequent owner or
4operator, that subsequent owner or operator may apply to the
5Agency for, and the Agency may grant, a development or
6construction permit for the facility for which local siting
7approval was granted. Upon application to the Agency for a
8development or construction permit by that subsequent owner or
9operator, the permit applicant shall cause written notice of
10the permit application to be served upon the appropriate
11county board or governing body of the municipality that
12granted siting approval for that facility and upon any party
13to the siting proceeding pursuant to which siting approval was
14granted. In that event, the Agency shall conduct an evaluation
15of the subsequent owner or operator's prior experience in
16waste management operations in the manner conducted under
17subsection (i) of Section 39 of this Act.
18    Beginning August 20, 1993, if the pollution control
19facility consists of a hazardous or solid waste disposal
20facility for which the proposed site is located in an
21unincorporated area of a county with a population of less than
22100,000 and includes all or a portion of a parcel of land that
23was, on April 1, 1993, adjacent to a municipality having a
24population of less than 5,000, then the local siting review
25required under this subsection (c) in conjunction with any
26permit applied for after that date shall be performed by the
		HB5475	- 8 -	LRB104 19362 BDA 32810 b
1governing body of that adjacent municipality rather than the
2county board of the county in which the proposed site is
3located; and for the purposes of that local siting review, any
4references in this Act to the county board shall be deemed to
5mean the governing body of that adjacent municipality;
6provided, however, that the provisions of this paragraph shall
7not apply to any proposed site which was, on April 1, 1993,
8owned in whole or in part by another municipality.
9    In the case of a pollution control facility for which a
10development permit was issued before November 12, 1981, if an
11operating permit has not been issued by the Agency prior to
12August 31, 1989 for any portion of the facility, then the
13Agency may not issue or renew any development permit nor issue
14an original operating permit for any portion of such facility
15unless the applicant has submitted proof to the Agency that
16the location of the facility has been approved by the
17appropriate county board or municipal governing body pursuant
18to Section 39.2 of this Act.
19    After January 1, 1994, if a solid waste disposal facility,
20any portion for which an operating permit has been issued by
21the Agency, has not accepted waste disposal for 5 or more
22consecutive calendar years, before that facility may accept
23any new or additional waste for disposal, the owner and
24operator must obtain a new operating permit under this Act for
25that facility unless the owner and operator have applied to
26the Agency for a permit authorizing the temporary suspension
		HB5475	- 9 -	LRB104 19362 BDA 32810 b
1of waste acceptance. The Agency may not issue a new operation
2permit under this Act for the facility unless the applicant
3has submitted proof to the Agency that the location of the
4facility has been approved or re-approved by the appropriate
5county board or municipal governing body under Section 39.2 of
6this Act after the facility ceased accepting waste.
7    Except for those facilities owned or operated by sanitary
8districts organized under the Metropolitan Water Reclamation
9District Act, and except for new pollution control facilities
10governed by Section 39.2, and except for fossil fuel mining
11facilities, the granting of a permit under this Act shall not
12relieve the applicant from meeting and securing all necessary
13zoning approvals from the unit of government having zoning
14jurisdiction over the proposed facility.
15    Before beginning construction on any new sewage treatment
16plant or sludge drying site to be owned or operated by a
17sanitary district organized under the Metropolitan Water
18Reclamation District Act for which a new permit (rather than
19the renewal or amendment of an existing permit) is required,
20such sanitary district shall hold a public hearing within the
21municipality within which the proposed facility is to be
22located, or within the nearest community if the proposed
23facility is to be located within an unincorporated area, at
24which information concerning the proposed facility shall be
25made available to the public, and members of the public shall
26be given the opportunity to express their views concerning the
		HB5475	- 10 -	LRB104 19362 BDA 32810 b
1proposed facility.
2    The Agency may issue a permit for a municipal waste
3transfer station without requiring approval pursuant to
4Section 39.2 provided that the following demonstration is
5made:
6        (1) the municipal waste transfer station was in
7    existence on or before January 1, 1979 and was in
8    continuous operation from January 1, 1979 to January 1,
9    1993;
10        (2) the operator submitted a permit application to the
11    Agency to develop and operate the municipal waste transfer
12    station during April of 1994;
13        (3) the operator can demonstrate that the county board
14    of the county, if the municipal waste transfer station is
15    in an unincorporated area, or the governing body of the
16    municipality, if the station is in an incorporated area,
17    does not object to resumption of the operation of the
18    station; and
19        (4) the site has local zoning approval.
20    (d) The Agency may issue RCRA permits exclusively under
21this subsection to persons owning or operating a facility for
22the treatment, storage, or disposal of hazardous waste as
23defined under this Act. Subsection (y) of this Section, rather
24than this subsection (d), shall apply to permits issued for
25CCR surface impoundments.
26    All RCRA permits shall contain those terms and conditions,
		HB5475	- 11 -	LRB104 19362 BDA 32810 b
1including, but not limited to, schedules of compliance, which
2may be required to accomplish the purposes and provisions of
3this Act. The Agency may include among such conditions
4standards and other requirements established under this Act,
5Board regulations, the Resource Conservation and Recovery Act
6of 1976 (P.L. 94-580), as amended, and regulations pursuant
7thereto, and may include schedules for achieving compliance
8therewith as soon as possible. The Agency shall require that a
9performance bond or other security be provided as a condition
10for the issuance of a RCRA permit.
11    In the case of a permit to operate a hazardous waste or PCB
12incinerator as defined in subsection (k) of Section 44, the
13Agency shall require, as a condition of the permit, that the
14operator of the facility perform such analyses of the waste to
15be incinerated as may be necessary and appropriate to ensure
16the safe operation of the incinerator.
17    The Agency shall adopt filing requirements and procedures
18which are necessary and appropriate for the issuance of RCRA
19permits, and which are consistent with the Act or regulations
20adopted by the Board, and with the Resource Conservation and
21Recovery Act of 1976 (P.L. 94-580), as amended, and
22regulations pursuant thereto.
23    The applicant shall make available to the public for
24inspection all documents submitted by the applicant to the
25Agency in furtherance of an application, with the exception of
26trade secrets, at the office of the county board or governing
		HB5475	- 12 -	LRB104 19362 BDA 32810 b
1body of the municipality. Such documents may be copied upon
2payment of the actual cost of reproduction during regular
3business hours of the local office. The Agency shall issue a
4written statement concurrent with its grant or denial of the
5permit explaining the basis for its decision.
6    (e) The Agency may issue UIC permits exclusively under
7this subsection to persons owning or operating a facility for
8the underground injection of contaminants as defined under
9this Act.
10    All UIC permits shall contain those terms and conditions,
11including, but not limited to, schedules of compliance, which
12may be required to accomplish the purposes and provisions of
13this Act. The Agency may include among such conditions
14standards and other requirements established under this Act,
15Board regulations, the Safe Drinking Water Act (P.L. 93-523),
16as amended, and regulations pursuant thereto, and may include
17schedules for achieving compliance therewith. The Agency shall
18require that a performance bond or other security be provided
19as a condition for the issuance of a UIC permit.
20    The Agency shall adopt filing requirements and procedures
21which are necessary and appropriate for the issuance of UIC
22permits, and which are consistent with the Act or regulations
23adopted by the Board, and with the Safe Drinking Water Act
24(P.L. 93-523), as amended, and regulations pursuant thereto.
25    The applicant shall make available to the public for
26inspection all documents submitted by the applicant to the
		HB5475	- 13 -	LRB104 19362 BDA 32810 b
1Agency in furtherance of an application, with the exception of
2trade secrets, at the office of the county board or governing
3body of the municipality. Such documents may be copied upon
4payment of the actual cost of reproduction during regular
5business hours of the local office. The Agency shall issue a
6written statement concurrent with its grant or denial of the
7permit explaining the basis for its decision.
8    (f) In making any determination pursuant to Section 9.1 of
9this Act:
10        (1) The Agency shall have authority to make the
11    determination of any question required to be determined by
12    the Clean Air Act, as now or hereafter amended, this Act,
13    or the regulations of the Board, including the
14    determination of the Lowest Achievable Emission Rate,
15    Maximum Achievable Control Technology, or Best Available
16    Control Technology, consistent with the Board's
17    regulations, if any.
18        (2) The Agency shall adopt requirements as necessary
19    to implement public participation procedures, including,
20    but not limited to, public notice, comment, and an
21    opportunity for hearing, which must accompany the
22    processing of applications for PSD permits. The Agency
23    shall briefly describe and respond to all significant
24    comments on the draft permit raised during the public
25    comment period or during any hearing. The Agency may group
26    related comments together and provide one unified response
		HB5475	- 14 -	LRB104 19362 BDA 32810 b
1    for each issue raised.
2        (3) Any complete permit application submitted to the
3    Agency under this subsection for a PSD permit shall be
4    granted or denied by the Agency not later than one year
5    after the filing of such completed application.
6        (4) The Agency shall, after conferring with the
7    applicant, give written notice to the applicant of its
8    proposed decision on the application, including the terms
9    and conditions of the permit to be issued and the facts,
10    conduct, or other basis upon which the Agency will rely to
11    support its proposed action.
12    (g) The Agency shall include as conditions upon all
13permits issued for hazardous waste disposal sites such
14restrictions upon the future use of such sites as are
15reasonably necessary to protect public health and the
16environment, including permanent prohibition of the use of
17such sites for purposes which may create an unreasonable risk
18of injury to human health or to the environment. After
19administrative and judicial challenges to such restrictions
20have been exhausted, the Agency shall file such restrictions
21of record in the Office of the Recorder of the county in which
22the hazardous waste disposal site is located.
23    (h) A hazardous waste stream may not be deposited in a
24permitted hazardous waste site unless specific authorization
25is obtained from the Agency by the generator and disposal site
26owner and operator for the deposit of that specific hazardous
		HB5475	- 15 -	LRB104 19362 BDA 32810 b
1waste stream. The Agency may grant specific authorization for
2disposal of hazardous waste streams only after the generator
3has reasonably demonstrated that, considering technological
4feasibility and economic reasonableness, the hazardous waste
5cannot be reasonably recycled for reuse, nor incinerated or
6chemically, physically, or biologically treated so as to
7neutralize the hazardous waste and render it nonhazardous. In
8granting authorization under this Section, the Agency may
9impose such conditions as may be necessary to accomplish the
10purposes of the Act and are consistent with this Act and
11regulations promulgated by the Board hereunder. If the Agency
12refuses to grant authorization under this Section, the
13applicant may appeal as if the Agency refused to grant a
14permit, pursuant to the provisions of subsection (a) of
15Section 40 of this Act. For purposes of this subsection (h),
16the term "generator" has the meaning given in Section 3.205 of
17this Act, unless: (1) the hazardous waste is treated,
18incinerated, or partially recycled for reuse prior to
19disposal, in which case the last person who treats,
20incinerates, or partially recycles the hazardous waste prior
21to disposal is the generator; or (2) the hazardous waste is
22from a response action, in which case the person performing
23the response action is the generator. This subsection (h) does
24not apply to any hazardous waste that is restricted from land
25disposal under 35 Ill. Adm. Code 728.
26    (i) Before issuing any RCRA permit, any permit for a waste
		HB5475	- 16 -	LRB104 19362 BDA 32810 b
1storage site, sanitary landfill, waste disposal site, waste
2transfer station, waste treatment facility, waste incinerator,
3or any waste-transportation operation, any permit or interim
4authorization for a clean construction or demolition debris
5fill operation, or any permit required under subsection (d-5)
6of Section 55, the Agency shall conduct an evaluation of the
7prospective owner's or operator's prior experience in waste
8management operations, clean construction or demolition debris
9fill operations, and tire storage site management. The Agency
10may deny such a permit, or deny or revoke interim
11authorization, if the prospective owner or operator or any
12employee or officer of the prospective owner or operator has a
13history of:
14        (1) repeated violations of federal, State, or local
15    laws, regulations, standards, or ordinances in the
16    operation of waste management facilities or sites, clean
17    construction or demolition debris fill operation
18    facilities or sites, or tire storage sites; or
19        (2) conviction in this or another State of any crime
20    which is a felony under the laws of this State, or
21    conviction of a felony in a federal court; or conviction
22    in this or another state or federal court of any of the
23    following crimes: forgery, official misconduct, bribery,
24    perjury, or knowingly submitting false information under
25    any environmental law, regulation, or permit term or
26    condition; or
		HB5475	- 17 -	LRB104 19362 BDA 32810 b
1        (3) proof of gross carelessness or incompetence in
2    handling, storing, processing, transporting, or disposing
3    of waste, clean construction or demolition debris, or used
4    or waste tires, or proof of gross carelessness or
5    incompetence in using clean construction or demolition
6    debris as fill.
7    (i-5) Before issuing any permit or approving any interim
8authorization for a clean construction or demolition debris
9fill operation in which any ownership interest is transferred
10between January 1, 2005, and the effective date of the
11prohibition set forth in Section 22.52 of this Act, the Agency
12shall conduct an evaluation of the operation if any previous
13activities at the site or facility may have caused or allowed
14contamination of the site. It shall be the responsibility of
15the owner or operator seeking the permit or interim
16authorization to provide to the Agency all of the information
17necessary for the Agency to conduct its evaluation. The Agency
18may deny a permit or interim authorization if previous
19activities at the site may have caused or allowed
20contamination at the site, unless such contamination is
21authorized under any permit issued by the Agency.
22    (j) The issuance under this Act of a permit to engage in
23the surface mining of any resources other than fossil fuels
24shall not relieve the permittee from its duty to comply with
25any applicable local law regulating the commencement,
26location, or operation of surface mining facilities.
		HB5475	- 18 -	LRB104 19362 BDA 32810 b
1    (k) A development permit issued under subsection (a) of
2Section 39 for any facility or site which is required to have a
3permit under subsection (d) of Section 21 shall expire at the
4end of 2 calendar years from the date upon which it was issued,
5unless within that period the applicant has taken action to
6develop the facility or the site. In the event that review of
7the conditions of the development permit is sought pursuant to
8Section 40 or 41, or permittee is prevented from commencing
9development of the facility or site by any other litigation
10beyond the permittee's control, such two-year period shall be
11deemed to begin on the date upon which such review process or
12litigation is concluded.
13    (l) No permit shall be issued by the Agency under this Act
14for construction or operation of any facility or site located
15within the boundaries of any setback zone established pursuant
16to this Act, where such construction or operation is
17prohibited.
18    (m) The Agency may issue permits to persons owning or
19operating a facility for composting landscape waste. In
20granting such permits, the Agency may impose such conditions
21as may be necessary to accomplish the purposes of this Act, and
22as are not inconsistent with applicable regulations
23promulgated by the Board. Except as otherwise provided in this
24Act, a bond or other security shall not be required as a
25condition for the issuance of a permit. If the Agency denies
26any permit pursuant to this subsection, the Agency shall
		HB5475	- 19 -	LRB104 19362 BDA 32810 b
1transmit to the applicant within the time limitations of this
2subsection specific, detailed statements as to the reasons the
3permit application was denied. Such statements shall include
4but not be limited to the following:
5        (1) the Sections of this Act that may be violated if
6    the permit were granted;
7        (2) the specific regulations promulgated pursuant to
8    this Act that may be violated if the permit were granted;
9        (3) the specific information, if any, the Agency deems
10    the applicant did not provide in its application to the
11    Agency; and
12        (4) a statement of specific reasons why the Act and
13    the regulations might be violated if the permit were
14    granted.
15    If no final action is taken by the Agency within 90 days
16after the filing of the application for permit, the applicant
17may deem the permit issued. Any applicant for a permit may
18waive the 90-day limitation by filing a written statement with
19the Agency.
20    The Agency shall issue permits for such facilities upon
21receipt of an application that includes a legal description of
22the site, a topographic map of the site drawn to the scale of
23200 feet to the inch or larger, a description of the operation,
24including the area served, an estimate of the volume of
25materials to be processed, and documentation that:
26        (1) the facility includes a setback of at least 200
		HB5475	- 20 -	LRB104 19362 BDA 32810 b
1    feet from the nearest potable water supply well;
2        (2) the facility is located outside the boundary of
3    the 10-year floodplain or the site will be floodproofed;
4        (3) the facility is located so as to minimize
5    incompatibility with the character of the surrounding
6    area, including at least a 200 foot setback from any
7    residence, and in the case of a facility that is developed
8    or the permitted composting area of which is expanded
9    after November 17, 1991, the composting area is located at
10    least 1/8 mile from the nearest residence (other than a
11    residence located on the same property as the facility);
12        (4) the design of the facility will prevent any
13    compost material from being placed within 5 feet of the
14    water table, will adequately control runoff from the site,
15    and will collect and manage any leachate that is generated
16    on the site;
17        (5) the operation of the facility will include
18    appropriate dust and odor control measures, limitations on
19    operating hours, appropriate noise control measures for
20    shredding, chipping and similar equipment, management
21    procedures for composting, containment and disposal of
22    non-compostable wastes, procedures to be used for
23    terminating operations at the site, and recordkeeping
24    sufficient to document the amount of materials received,
25    composted, and otherwise disposed of; and
26        (6) the operation will be conducted in accordance with
		HB5475	- 21 -	LRB104 19362 BDA 32810 b
1    any applicable rules adopted by the Board.
2    The Agency shall issue renewable permits of not longer
3than 10 years in duration for the composting of landscape
4wastes, as defined in Section 3.155 of this Act, based on the
5above requirements.
6    The operator of any facility permitted under this
7subsection (m) must submit a written annual statement to the
8Agency on or before April 1 of each year that includes an
9estimate of the amount of material, in tons, received for
10composting.
11    (n) The Agency shall issue permits jointly with the
12Department of Transportation for the dredging or deposit of
13material in Lake Michigan in accordance with Section 18 of the
14Rivers, Lakes, and Streams Act.
15    (o) (Blank).
16    (p) (1) Any person submitting an application for a permit
17for a new MSWLF unit or for a lateral expansion under
18subsection (t) of Section 21 of this Act for an existing MSWLF
19unit that has not received and is not subject to local siting
20approval under Section 39.2 of this Act shall publish notice
21of the application in a newspaper of general circulation in
22the county in which the MSWLF unit is or is proposed to be
23located. The notice must be published at least 15 days before
24submission of the permit application to the Agency. The notice
25shall state the name and address of the applicant, the
26location of the MSWLF unit or proposed MSWLF unit, the nature
		HB5475	- 22 -	LRB104 19362 BDA 32810 b
1and size of the MSWLF unit or proposed MSWLF unit, the nature
2of the activity proposed, the probable life of the proposed
3activity, the date the permit application will be submitted,
4and a statement that persons may file written comments with
5the Agency concerning the permit application within 30 days
6after the filing of the permit application unless the time
7period to submit comments is extended by the Agency.
8    When a permit applicant submits information to the Agency
9to supplement a permit application being reviewed by the
10Agency, the applicant shall not be required to reissue the
11notice under this subsection.
12    (2) The Agency shall accept written comments concerning
13the permit application that are postmarked no later than 30
14days after the filing of the permit application, unless the
15time period to accept comments is extended by the Agency.
16    (3) Each applicant for a permit described in part (1) of
17this subsection shall file a copy of the permit application
18with the county board or governing body of the municipality in
19which the MSWLF unit is or is proposed to be located at the
20same time the application is submitted to the Agency. The
21permit application filed with the county board or governing
22body of the municipality shall include all documents submitted
23to or to be submitted to the Agency, except trade secrets as
24determined under Section 7.1 of this Act. The permit
25application and other documents on file with the county board
26or governing body of the municipality shall be made available
		HB5475	- 23 -	LRB104 19362 BDA 32810 b
1for public inspection during regular business hours at the
2office of the county board or the governing body of the
3municipality and may be copied upon payment of the actual cost
4of reproduction.
5    (q) Within 6 months after July 12, 2011 (the effective
6date of Public Act 97-95), the Agency, in consultation with
7the regulated community, shall develop a web portal to be
8posted on its website for the purpose of enhancing review and
9promoting timely issuance of permits required by this Act. At
10a minimum, the Agency shall make the following information
11available on the web portal:
12        (1) Checklists and guidance relating to the completion
13    of permit applications, developed pursuant to subsection
14    (s) of this Section, which may include, but are not
15    limited to, existing instructions for completing the
16    applications and examples of complete applications. As the
17    Agency develops new checklists and develops guidance, it
18    shall supplement the web portal with those materials.
19        (2) Within 2 years after July 12, 2011 (the effective
20    date of Public Act 97-95), permit application forms or
21    portions of permit applications that can be completed and
22    saved electronically, and submitted to the Agency
23    electronically with digital signatures.
24        (3) Within 2 years after July 12, 2011 (the effective
25    date of Public Act 97-95), an online tracking system where
26    an applicant may review the status of its pending
		HB5475	- 24 -	LRB104 19362 BDA 32810 b
1    application, including the name and contact information of
2    the permit analyst assigned to the application. Until the
3    online tracking system has been developed, the Agency
4    shall post on its website semi-annual permitting
5    efficiency tracking reports that include statistics on the
6    timeframes for Agency action on the following types of
7    permits received after July 12, 2011 (the effective date
8    of Public Act 97-95): air construction permits, new NPDES
9    permits and associated water construction permits, and
10    modifications of major NPDES permits and associated water
11    construction permits. The reports must be posted by
12    February 1 and August 1 each year and shall include:
13            (A) the number of applications received for each
14        type of permit, the number of applications on which
15        the Agency has taken action, and the number of
16        applications still pending; and
17            (B) for those applications where the Agency has
18        not taken action in accordance with the timeframes set
19        forth in this Act, the date the application was
20        received and the reasons for any delays, which may
21        include, but shall not be limited to, (i) the
22        application being inadequate or incomplete, (ii)
23        scientific or technical disagreements with the
24        applicant, USEPA, or other local, state, or federal
25        agencies involved in the permitting approval process,
26        (iii) public opposition to the permit, or (iv) Agency
		HB5475	- 25 -	LRB104 19362 BDA 32810 b
1        staffing shortages. To the extent practicable, the
2        tracking report shall provide approximate dates when
3        cause for delay was identified by the Agency, when the
4        Agency informed the applicant of the problem leading
5        to the delay, and when the applicant remedied the
6        reason for the delay.
7    (r) Upon the request of the applicant, the Agency shall
8notify the applicant of the permit analyst assigned to the
9application upon its receipt.
10    (s) The Agency is authorized to prepare and distribute
11guidance documents relating to its administration of this
12Section and procedural rules implementing this Section.
13Guidance documents prepared under this subsection shall not be
14considered rules and shall not be subject to the Illinois
15Administrative Procedure Act. Such guidance shall not be
16binding on any party.
17    (t) Except as otherwise prohibited by federal law or
18regulation, any person submitting an application for a permit
19may include with the application suggested permit language for
20Agency consideration. The Agency is not obligated to use the
21suggested language or any portion thereof in its permitting
22decision. If requested by the permit applicant, the Agency
23shall meet with the applicant to discuss the suggested
24language.
25    (u) If requested by the permit applicant, the Agency shall
26provide the permit applicant with a copy of the draft permit
		HB5475	- 26 -	LRB104 19362 BDA 32810 b
1prior to any public review period.
2    (v) If requested by the permit applicant, the Agency shall
3provide the permit applicant with a copy of the final permit
4prior to its issuance.
5    (w) An air pollution permit shall not be required due to
6emissions of greenhouse gases, as specified by Section 9.15 of
7this Act.
8    (x) If, before the expiration of a State operating permit
9that is issued pursuant to subsection (a) of this Section and
10contains federally enforceable conditions limiting the
11potential to emit of the source to a level below the major
12source threshold for that source so as to exclude the source
13from the Clean Air Act Permit Program, the Agency receives a
14complete application for the renewal of that permit, then all
15of the terms and conditions of the permit shall remain in
16effect until final administrative action has been taken on the
17application for the renewal of the permit.
18    (y) The Agency may issue permits exclusively under this
19subsection to persons owning or operating a CCR surface
20impoundment subject to Section 22.59.
21    (z) If a mass animal mortality event is declared by the
22Department of Agriculture in accordance with the Animal
23Mortality Act:
24        (1) the owner or operator responsible for the disposal
25    of dead animals is exempted from the following:
26            (i) obtaining a permit for the construction,
		HB5475	- 27 -	LRB104 19362 BDA 32810 b
1        installation, or operation of any type of facility or
2        equipment issued in accordance with subsection (a) of
3        this Section;
4            (ii) obtaining a permit for open burning in
5        accordance with the rules adopted by the Board; and
6            (iii) registering the disposal of dead animals as
7        an eligible small source with the Agency in accordance
8        with Section 9.14 of this Act;
9        (2) as applicable, the owner or operator responsible
10    for the disposal of dead animals is required to obtain the
11    following permits:
12            (i) an NPDES permit in accordance with subsection
13        (b) of this Section;
14            (ii) a PSD permit or an NA NSR permit in accordance
15        with Section 9.1 of this Act;
16            (iii) a lifetime State operating permit or a
17        federally enforceable State operating permit, in
18        accordance with subsection (a) of this Section; or
19            (iv) a CAAPP permit, in accordance with Section
20        39.5 of this Act.
21    All CCR surface impoundment permits shall contain those
22terms and conditions, including, but not limited to, schedules
23of compliance, which may be required to accomplish the
24purposes and provisions of this Act, Board regulations, the
25Illinois Groundwater Protection Act and regulations pursuant
26thereto, and the Resource Conservation and Recovery Act and
		HB5475	- 28 -	LRB104 19362 BDA 32810 b
1regulations pursuant thereto, and may include schedules for
2achieving compliance therewith as soon as possible.
3    The Board shall adopt filing requirements and procedures
4that are necessary and appropriate for the issuance of CCR
5surface impoundment permits and that are consistent with this
6Act or regulations adopted by the Board, and with the RCRA, as
7amended, and regulations pursuant thereto.
8    The applicant shall make available to the public for
9inspection all documents submitted by the applicant to the
10Agency in furtherance of an application, with the exception of
11trade secrets, on its public internet website as well as at the
12office of the county board or governing body of the
13municipality where CCR from the CCR surface impoundment will
14be permanently disposed. Such documents may be copied upon
15payment of the actual cost of reproduction during regular
16business hours of the local office.
17    The Agency shall issue a written statement concurrent with
18its grant or denial of the permit explaining the basis for its
19decision.
20(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
21102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
22    (Text of Section after amendment by P.A. 104-458)
23    Sec. 39. Issuance of permits; procedures.
24    (a) When the Board has by regulation required a permit for
25the construction, installation, or operation of any type of
		HB5475	- 29 -	LRB104 19362 BDA 32810 b
1facility, equipment, vehicle, vessel, or aircraft, the
2applicant shall apply to the Agency for such permit and it
3shall be the duty of the Agency to issue such a permit upon
4proof by the applicant that the facility, equipment, vehicle,
5vessel, or aircraft will not cause a violation of this Act or
6of regulations hereunder. The Agency shall adopt such
7procedures as are necessary to carry out its duties under this
8Section. In making its determinations on permit applications
9under this Section the Agency may consider prior adjudications
10of noncompliance with this Act by the applicant that involved
11a release of a contaminant into the environment. In granting
12permits, the Agency may impose reasonable conditions
13specifically related to the applicant's past compliance
14history with this Act as necessary to correct, detect, or
15prevent noncompliance. The Agency may impose such other
16conditions as may be necessary to accomplish the purposes of
17this Act, and as are not inconsistent with the regulations
18promulgated by the Board hereunder. Except as otherwise
19provided in this Act, a bond or other security shall not be
20required as a condition for the issuance of a permit. If the
21Agency denies any permit under this Section, the Agency shall
22transmit to the applicant within the time limitations of this
23Section specific, detailed statements as to the reasons the
24permit application was denied. Such statements shall include,
25but not be limited to, the following:
26        (i) the Sections of this Act which may be violated if
		HB5475	- 30 -	LRB104 19362 BDA 32810 b
1    the permit were granted;
2        (ii) the provision of the regulations, promulgated
3    under this Act, which may be violated if the permit were
4    granted;
5        (iii) the specific type of information, if any, which
6    the Agency deems the applicant did not provide the Agency;
7    and
8        (iv) a statement of specific reasons why the Act and
9    the regulations might not be met if the permit were
10    granted.
11    If there is no final action by the Agency within 90 days
12after the filing of the application for permit, the applicant
13may deem the permit issued; except that this time period shall
14be extended to 180 days when (1) notice and opportunity for
15public hearing are required by State or federal law or
16regulation, (2) the application which was filed is for any
17permit to develop a landfill subject to issuance pursuant to
18this subsection, or (3) the application that was filed is for a
19MSWLF unit required to issue public notice under subsection
20(p) of Section 39. The 90-day and 180-day time periods for the
21Agency to take final action do not apply to NPDES permit
22applications under subsection (b) of this Section, to RCRA
23permit applications under subsection (d) of this Section, to
24UIC permit applications under subsection (e) of this Section,
25or to CCR surface impoundment applications under subsection
26(y) of this Section.
		HB5475	- 31 -	LRB104 19362 BDA 32810 b
1    The Agency shall publish notice of all final permit
2determinations for development permits for MSWLF units and for
3significant permit modifications for lateral expansions for
4existing MSWLF units one time in a newspaper of general
5circulation in the county in which the unit is or is proposed
6to be located.
7    After January 1, 1994 and until July 1, 1998, operating
8permits issued under this Section by the Agency for sources of
9air pollution permitted to emit less than 25 tons per year of
10any combination of regulated air pollutants, as defined in
11Section 39.5 of this Act, shall be required to be renewed only
12upon written request by the Agency consistent with applicable
13provisions of this Act and regulations promulgated hereunder.
14Such operating permits shall expire 180 days after the date of
15such a request. The Board shall revise its regulations for the
16existing State air pollution operating permit program
17consistent with this provision by January 1, 1994.
18    After June 30, 1998, operating permits issued under this
19Section by the Agency for sources of air pollution that are not
20subject to Section 39.5 of this Act and are not required to
21have a federally enforceable State operating permit shall be
22required to be renewed only upon written request by the Agency
23consistent with applicable provisions of this Act and its
24rules. Such operating permits shall expire 180 days after the
25date of such a request. Before July 1, 1998, the Board shall
26revise its rules for the existing State air pollution
		HB5475	- 32 -	LRB104 19362 BDA 32810 b
1operating permit program consistent with this paragraph and
2shall adopt rules that require a source to demonstrate that it
3qualifies for a permit under this paragraph.
4    Each air pollution construction permit for diesel powered
5backup generators to a source that is a data center, as defined
6in subsection (c) of Section 605-1025 of the Department of
7Commerce and Economic Opportunity Law of the Civil
8Administrative Code of Illinois, that is applied for 6 months
9after the effective date of this amendatory Act of the 104th
10General Assembly and that is required to have a federally
11enforceable State operating permit or a Clean Air Act Permit
12Program permit shall, in addition to any other applicable
13requirements, require each backup generator to: (i) meet
14standards at least as protective as Tier 4 standards for
15non-road diesel engines set out by the United States
16Environmental Protection Agency in 40 CFR 1039, as it exists
17on the effective date of this amendatory Act of the 104th
18General Assembly, and (ii) operate solely as an emergency or
19standby unit in accordance with 35 Ill. Adm. Code 211.1920, as
20it exists on the effective date of this amendatory Act of the
21104th General Assembly. If a diesel powered backup generator
22becomes out of compliance with the Tier 4 standards for
23non-road compression-ignition engines during a power outage,
24the backup generator may (1) continue to operate for up to 24
25sequential hours after becoming noncompliant with the Tier 4
26standards or (2) operate when compliance is achieved.
		HB5475	- 33 -	LRB104 19362 BDA 32810 b
1Notwithstanding any provision of law to the contrary,
2operation of the backup generator for up to 24 sequential
3hours after becoming noncompliant with the Tier 4 standards
4shall not be considered a violation of the permit.
5    Each air pollution construction permit for natural gas
6powered backup generators for a source that is a data center,
7as defined in subsection (c) of Section 605-1025 of the
8Department of Commerce and Economic Opportunity Law of the
9Civil Administrative Code of Illinois, that is applied for 6
10months after the effective date of this amendatory Act of the
11104th General Assembly and that is required to have a
12federally enforceable State operating permit or a Clean Air
13Act Permit Program permit shall, in addition to any other
14applicable requirements, require each backup generator to: (i)
15meet standards at least as protective as Tier 2 standards for
16non-road large spark-ignition engines set out by the United
17States Environmental Protection Agency in 40 CFR 1048, as it
18exists on the effective date of this amendatory Act of the
19104th General Assembly, and (ii) operate solely as an
20emergency or standby unit in accordance with 35 Ill. Adm. Code
21211.1920, as it exists on the effective date of this
22amendatory Act of the 104th General Assembly. If a natural gas
23powered backup generator becomes out of compliance with the
24Tier 2 standards for non-road large spark-ignition engines
25during a power outage, the backup generator may (1) continue
26to operate for up to 24 sequential hours after becoming
		HB5475	- 34 -	LRB104 19362 BDA 32810 b
1noncompliant with the Tier 2 standards or (2) operate when
2compliance is achieved. Notwithstanding any provision of law
3to the contrary, operation of the backup generator for up to 24
4sequential hours after becoming noncompliant with the Tier 2
5standards shall not be considered a violation of the permit.
6    (b) The Agency may issue NPDES permits exclusively under
7this subsection for the discharge of contaminants from point
8sources into navigable waters, all as defined in the Federal
9Water Pollution Control Act, as now or hereafter amended,
10within the jurisdiction of the State, or into any well.
11    All NPDES permits shall contain those terms and
12conditions, including, but not limited to, schedules of
13compliance, which may be required to accomplish the purposes
14and provisions of this Act. All NPDES permits authorizing a 
15discharge from a facility designated by the Agency and the 
16USEPA as a major facility, shall require, at a minimum, for 
17publicly owned treatment works require periodic sampling of 
18influent, effluent, and biosolids for all perfluoroalkyl and 
19polyfluoroalkyl substances for which there are accredited 
20wastewater analytical methods and for all of the facilities, 
21periodic effluent sampling for all perfluoroalkyl and 
22polyfluoroalkyl substances for which there are accredited 
23wastewater analytical methods.
24    The Agency may issue general NPDES permits for discharges
25from categories of point sources which are subject to the same
26permit limitations and conditions. Such general permits may be
		HB5475	- 35 -	LRB104 19362 BDA 32810 b
1issued without individual applications and shall conform to
2regulations promulgated under Section 402 of the Federal Water
3Pollution Control Act, as now or hereafter amended.
4    The Agency may include, among such conditions, effluent
5limitations and other requirements established under this Act,
6Board regulations, the Federal Water Pollution Control Act, as
7now or hereafter amended, and regulations pursuant thereto,
8and schedules for achieving compliance therewith at the
9earliest reasonable date.
10    The Agency shall adopt filing requirements and procedures
11which are necessary and appropriate for the issuance of NPDES
12permits, and which are consistent with the Act or regulations
13adopted by the Board, and with the Federal Water Pollution
14Control Act, as now or hereafter amended, and regulations
15pursuant thereto. The Agency shall require any NPDES permit 
16application for a discharge of wastewater that has potential 
17to contain perfluoroalkyl and polyfluoroalkyl substances to 
18fully characterize the discharge through sample results for 
19all perfluoroalkyl and polyfluoroalkyl substances for which 
20there are accredited wastewater analytical methods.
21    The Agency, subject to any conditions which may be
22prescribed by Board regulations, may issue NPDES permits to
23allow discharges beyond deadlines established by this Act or
24by regulations of the Board without the requirement of a
25variance, subject to the Federal Water Pollution Control Act,
26as now or hereafter amended, and regulations pursuant thereto.
		HB5475	- 36 -	LRB104 19362 BDA 32810 b
1    (c) Except for those facilities owned or operated by
2sanitary districts organized under the Metropolitan Water
3Reclamation District Act, no permit for the development or
4construction of a new pollution control facility may be
5granted by the Agency unless the applicant submits proof to
6the Agency that the location of the facility has been approved
7by the county board of the county if in an unincorporated area,
8or the governing body of the municipality when in an
9incorporated area, in which the facility is to be located in
10accordance with Section 39.2 of this Act. For purposes of this
11subsection (c), and for purposes of Section 39.2 of this Act,
12the appropriate county board or governing body of the
13municipality shall be the county board of the county or the
14governing body of the municipality in which the facility is to
15be located as of the date when the application for siting
16approval is filed.
17    In the event that siting approval granted pursuant to
18Section 39.2 has been transferred to a subsequent owner or
19operator, that subsequent owner or operator may apply to the
20Agency for, and the Agency may grant, a development or
21construction permit for the facility for which local siting
22approval was granted. Upon application to the Agency for a
23development or construction permit by that subsequent owner or
24operator, the permit applicant shall cause written notice of
25the permit application to be served upon the appropriate
26county board or governing body of the municipality that
		HB5475	- 37 -	LRB104 19362 BDA 32810 b
1granted siting approval for that facility and upon any party
2to the siting proceeding pursuant to which siting approval was
3granted. In that event, the Agency shall conduct an evaluation
4of the subsequent owner or operator's prior experience in
5waste management operations in the manner conducted under
6subsection (i) of Section 39 of this Act.
7    Beginning August 20, 1993, if the pollution control
8facility consists of a hazardous or solid waste disposal
9facility for which the proposed site is located in an
10unincorporated area of a county with a population of less than
11100,000 and includes all or a portion of a parcel of land that
12was, on April 1, 1993, adjacent to a municipality having a
13population of less than 5,000, then the local siting review
14required under this subsection (c) in conjunction with any
15permit applied for after that date shall be performed by the
16governing body of that adjacent municipality rather than the
17county board of the county in which the proposed site is
18located; and for the purposes of that local siting review, any
19references in this Act to the county board shall be deemed to
20mean the governing body of that adjacent municipality;
21provided, however, that the provisions of this paragraph shall
22not apply to any proposed site which was, on April 1, 1993,
23owned in whole or in part by another municipality.
24    In the case of a pollution control facility for which a
25development permit was issued before November 12, 1981, if an
26operating permit has not been issued by the Agency prior to
		HB5475	- 38 -	LRB104 19362 BDA 32810 b
1August 31, 1989 for any portion of the facility, then the
2Agency may not issue or renew any development permit nor issue
3an original operating permit for any portion of such facility
4unless the applicant has submitted proof to the Agency that
5the location of the facility has been approved by the
6appropriate county board or municipal governing body pursuant
7to Section 39.2 of this Act.
8    After January 1, 1994, if a solid waste disposal facility,
9any portion for which an operating permit has been issued by
10the Agency, has not accepted waste disposal for 5 or more
11consecutive calendar years, before that facility may accept
12any new or additional waste for disposal, the owner and
13operator must obtain a new operating permit under this Act for
14that facility unless the owner and operator have applied to
15the Agency for a permit authorizing the temporary suspension
16of waste acceptance. The Agency may not issue a new operation
17permit under this Act for the facility unless the applicant
18has submitted proof to the Agency that the location of the
19facility has been approved or re-approved by the appropriate
20county board or municipal governing body under Section 39.2 of
21this Act after the facility ceased accepting waste.
22    Except for those facilities owned or operated by sanitary
23districts organized under the Metropolitan Water Reclamation
24District Act, and except for new pollution control facilities
25governed by Section 39.2, and except for fossil fuel mining
26facilities, the granting of a permit under this Act shall not
		HB5475	- 39 -	LRB104 19362 BDA 32810 b
1relieve the applicant from meeting and securing all necessary
2zoning approvals from the unit of government having zoning
3jurisdiction over the proposed facility.
4    Before beginning construction on any new sewage treatment
5plant or sludge drying site to be owned or operated by a
6sanitary district organized under the Metropolitan Water
7Reclamation District Act for which a new permit (rather than
8the renewal or amendment of an existing permit) is required,
9such sanitary district shall hold a public hearing within the
10municipality within which the proposed facility is to be
11located, or within the nearest community if the proposed
12facility is to be located within an unincorporated area, at
13which information concerning the proposed facility shall be
14made available to the public, and members of the public shall
15be given the opportunity to express their views concerning the
16proposed facility.
17    The Agency may issue a permit for a municipal waste
18transfer station without requiring approval pursuant to
19Section 39.2 provided that the following demonstration is
20made:
21        (1) the municipal waste transfer station was in
22    existence on or before January 1, 1979 and was in
23    continuous operation from January 1, 1979 to January 1,
24    1993;
25        (2) the operator submitted a permit application to the
26    Agency to develop and operate the municipal waste transfer
		HB5475	- 40 -	LRB104 19362 BDA 32810 b
1    station during April of 1994;
2        (3) the operator can demonstrate that the county board
3    of the county, if the municipal waste transfer station is
4    in an unincorporated area, or the governing body of the
5    municipality, if the station is in an incorporated area,
6    does not object to resumption of the operation of the
7    station; and
8        (4) the site has local zoning approval.
9    (d) The Agency may issue RCRA permits exclusively under
10this subsection to persons owning or operating a facility for
11the treatment, storage, or disposal of hazardous waste as
12defined under this Act. Subsection (y) of this Section, rather
13than this subsection (d), shall apply to permits issued for
14CCR surface impoundments.
15    All RCRA permits shall contain those terms and conditions,
16including, but not limited to, schedules of compliance, which
17may be required to accomplish the purposes and provisions of
18this Act. The Agency may include among such conditions
19standards and other requirements established under this Act,
20Board regulations, the Resource Conservation and Recovery Act
21of 1976 (P.L. 94-580), as amended, and regulations pursuant
22thereto, and may include schedules for achieving compliance
23therewith as soon as possible. The Agency shall require that a
24performance bond or other security be provided as a condition
25for the issuance of a RCRA permit.
26    In the case of a permit to operate a hazardous waste or PCB
		HB5475	- 41 -	LRB104 19362 BDA 32810 b
1incinerator as defined in subsection (k) of Section 44, the
2Agency shall require, as a condition of the permit, that the
3operator of the facility perform such analyses of the waste to
4be incinerated as may be necessary and appropriate to ensure
5the safe operation of the incinerator.
6    The Agency shall adopt filing requirements and procedures
7which are necessary and appropriate for the issuance of RCRA
8permits, and which are consistent with the Act or regulations
9adopted by the Board, and with the Resource Conservation and
10Recovery Act of 1976 (P.L. 94-580), as amended, and
11regulations pursuant thereto.
12    The applicant shall make available to the public for
13inspection all documents submitted by the applicant to the
14Agency in furtherance of an application, with the exception of
15trade secrets, at the office of the county board or governing
16body of the municipality. Such documents may be copied upon
17payment of the actual cost of reproduction during regular
18business hours of the local office. The Agency shall issue a
19written statement concurrent with its grant or denial of the
20permit explaining the basis for its decision.
21    (e) The Agency may issue UIC permits exclusively under
22this subsection to persons owning or operating a facility for
23the underground injection of contaminants as defined under
24this Act.
25    All UIC permits shall contain those terms and conditions,
26including, but not limited to, schedules of compliance, which
		HB5475	- 42 -	LRB104 19362 BDA 32810 b
1may be required to accomplish the purposes and provisions of
2this Act. The Agency may include among such conditions
3standards and other requirements established under this Act,
4Board regulations, the Safe Drinking Water Act (P.L. 93-523),
5as amended, and regulations pursuant thereto, and may include
6schedules for achieving compliance therewith. The Agency shall
7require that a performance bond or other security be provided
8as a condition for the issuance of a UIC permit.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of UIC
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Safe Drinking Water Act
13(P.L. 93-523), as amended, and regulations pursuant thereto.
14    The applicant shall make available to the public for
15inspection all documents submitted by the applicant to the
16Agency in furtherance of an application, with the exception of
17trade secrets, at the office of the county board or governing
18body of the municipality. Such documents may be copied upon
19payment of the actual cost of reproduction during regular
20business hours of the local office. The Agency shall issue a
21written statement concurrent with its grant or denial of the
22permit explaining the basis for its decision.
23    (f) In making any determination pursuant to Section 9.1 of
24this Act:
25        (1) The Agency shall have authority to make the
26    determination of any question required to be determined by
		HB5475	- 43 -	LRB104 19362 BDA 32810 b
1    the Clean Air Act, as now or hereafter amended, this Act,
2    or the regulations of the Board, including the
3    determination of the Lowest Achievable Emission Rate,
4    Maximum Achievable Control Technology, or Best Available
5    Control Technology, consistent with the Board's
6    regulations, if any.
7        (2) The Agency shall adopt requirements as necessary
8    to implement public participation procedures, including,
9    but not limited to, public notice, comment, and an
10    opportunity for hearing, which must accompany the
11    processing of applications for PSD permits. The Agency
12    shall briefly describe and respond to all significant
13    comments on the draft permit raised during the public
14    comment period or during any hearing. The Agency may group
15    related comments together and provide one unified response
16    for each issue raised.
17        (3) Any complete permit application submitted to the
18    Agency under this subsection for a PSD permit shall be
19    granted or denied by the Agency not later than one year
20    after the filing of such completed application.
21        (4) The Agency shall, after conferring with the
22    applicant, give written notice to the applicant of its
23    proposed decision on the application, including the terms
24    and conditions of the permit to be issued and the facts,
25    conduct, or other basis upon which the Agency will rely to
26    support its proposed action.
		HB5475	- 44 -	LRB104 19362 BDA 32810 b
1    (g) The Agency shall include as conditions upon all
2permits issued for hazardous waste disposal sites such
3restrictions upon the future use of such sites as are
4reasonably necessary to protect public health and the
5environment, including permanent prohibition of the use of
6such sites for purposes which may create an unreasonable risk
7of injury to human health or to the environment. After
8administrative and judicial challenges to such restrictions
9have been exhausted, the Agency shall file such restrictions
10of record in the Office of the Recorder of the county in which
11the hazardous waste disposal site is located.
12    (h) A hazardous waste stream may not be deposited in a
13permitted hazardous waste site unless specific authorization
14is obtained from the Agency by the generator and disposal site
15owner and operator for the deposit of that specific hazardous
16waste stream. The Agency may grant specific authorization for
17disposal of hazardous waste streams only after the generator
18has reasonably demonstrated that, considering technological
19feasibility and economic reasonableness, the hazardous waste
20cannot be reasonably recycled for reuse, nor incinerated or
21chemically, physically, or biologically treated so as to
22neutralize the hazardous waste and render it nonhazardous. In
23granting authorization under this Section, the Agency may
24impose such conditions as may be necessary to accomplish the
25purposes of the Act and are consistent with this Act and
26regulations promulgated by the Board hereunder. If the Agency
		HB5475	- 45 -	LRB104 19362 BDA 32810 b
1refuses to grant authorization under this Section, the
2applicant may appeal as if the Agency refused to grant a
3permit, pursuant to the provisions of subsection (a) of
4Section 40 of this Act. For purposes of this subsection (h),
5the term "generator" has the meaning given in Section 3.205 of
6this Act, unless: (1) the hazardous waste is treated,
7incinerated, or partially recycled for reuse prior to
8disposal, in which case the last person who treats,
9incinerates, or partially recycles the hazardous waste prior
10to disposal is the generator; or (2) the hazardous waste is
11from a response action, in which case the person performing
12the response action is the generator. This subsection (h) does
13not apply to any hazardous waste that is restricted from land
14disposal under 35 Ill. Adm. Code 728.
15    (i) Before issuing any RCRA permit, any permit for a waste
16storage site, sanitary landfill, waste disposal site, waste
17transfer station, waste treatment facility, waste incinerator,
18or any waste-transportation operation, any permit or interim
19authorization for a clean construction or demolition debris
20fill operation, or any permit required under subsection (d-5)
21of Section 55, the Agency shall conduct an evaluation of the
22prospective owner's or operator's prior experience in waste
23management operations, clean construction or demolition debris
24fill operations, and tire storage site management. The Agency
25may deny such a permit, or deny or revoke interim
26authorization, if the prospective owner or operator or any
		HB5475	- 46 -	LRB104 19362 BDA 32810 b
1employee or officer of the prospective owner or operator has a
2history of:
3        (1) repeated violations of federal, State, or local
4    laws, regulations, standards, or ordinances in the
5    operation of waste management facilities or sites, clean
6    construction or demolition debris fill operation
7    facilities or sites, or tire storage sites; or
8        (2) conviction in this or another State of any crime
9    which is a felony under the laws of this State, or
10    conviction of a felony in a federal court; or conviction
11    in this or another state or federal court of any of the
12    following crimes: forgery, official misconduct, bribery,
13    perjury, or knowingly submitting false information under
14    any environmental law, regulation, or permit term or
15    condition; or
16        (3) proof of gross carelessness or incompetence in
17    handling, storing, processing, transporting, or disposing
18    of waste, clean construction or demolition debris, or used
19    or waste tires, or proof of gross carelessness or
20    incompetence in using clean construction or demolition
21    debris as fill.
22    (i-5) Before issuing any permit or approving any interim
23authorization for a clean construction or demolition debris
24fill operation in which any ownership interest is transferred
25between January 1, 2005, and the effective date of the
26prohibition set forth in Section 22.52 of this Act, the Agency
		HB5475	- 47 -	LRB104 19362 BDA 32810 b
1shall conduct an evaluation of the operation if any previous
2activities at the site or facility may have caused or allowed
3contamination of the site. It shall be the responsibility of
4the owner or operator seeking the permit or interim
5authorization to provide to the Agency all of the information
6necessary for the Agency to conduct its evaluation. The Agency
7may deny a permit or interim authorization if previous
8activities at the site may have caused or allowed
9contamination at the site, unless such contamination is
10authorized under any permit issued by the Agency.
11    (j) The issuance under this Act of a permit to engage in
12the surface mining of any resources other than fossil fuels
13shall not relieve the permittee from its duty to comply with
14any applicable local law regulating the commencement,
15location, or operation of surface mining facilities.
16    (k) A development permit issued under subsection (a) of
17Section 39 for any facility or site which is required to have a
18permit under subsection (d) of Section 21 shall expire at the
19end of 2 calendar years from the date upon which it was issued,
20unless within that period the applicant has taken action to
21develop the facility or the site. In the event that review of
22the conditions of the development permit is sought pursuant to
23Section 40 or 41, or permittee is prevented from commencing
24development of the facility or site by any other litigation
25beyond the permittee's control, such two-year period shall be
26deemed to begin on the date upon which such review process or
		HB5475	- 48 -	LRB104 19362 BDA 32810 b
1litigation is concluded.
2    (l) No permit shall be issued by the Agency under this Act
3for construction or operation of any facility or site located
4within the boundaries of any setback zone established pursuant
5to this Act, where such construction or operation is
6prohibited.
7    (m) The Agency may issue permits to persons owning or
8operating a facility for composting landscape waste. In
9granting such permits, the Agency may impose such conditions
10as may be necessary to accomplish the purposes of this Act, and
11as are not inconsistent with applicable regulations
12promulgated by the Board. Except as otherwise provided in this
13Act, a bond or other security shall not be required as a
14condition for the issuance of a permit. If the Agency denies
15any permit pursuant to this subsection, the Agency shall
16transmit to the applicant within the time limitations of this
17subsection specific, detailed statements as to the reasons the
18permit application was denied. Such statements shall include
19but not be limited to the following:
20        (1) the Sections of this Act that may be violated if
21    the permit were granted;
22        (2) the specific regulations promulgated pursuant to
23    this Act that may be violated if the permit were granted;
24        (3) the specific information, if any, the Agency deems
25    the applicant did not provide in its application to the
26    Agency; and
		HB5475	- 49 -	LRB104 19362 BDA 32810 b
1        (4) a statement of specific reasons why the Act and
2    the regulations might be violated if the permit were
3    granted.
4    If no final action is taken by the Agency within 90 days
5after the filing of the application for permit, the applicant
6may deem the permit issued. Any applicant for a permit may
7waive the 90-day limitation by filing a written statement with
8the Agency.
9    The Agency shall issue permits for such facilities upon
10receipt of an application that includes a legal description of
11the site, a topographic map of the site drawn to the scale of
12200 feet to the inch or larger, a description of the operation,
13including the area served, an estimate of the volume of
14materials to be processed, and documentation that:
15        (1) the facility includes a setback of at least 200
16    feet from the nearest potable water supply well;
17        (2) the facility is located outside the boundary of
18    the 10-year floodplain or the site will be floodproofed;
19        (3) the facility is located so as to minimize
20    incompatibility with the character of the surrounding
21    area, including at least a 200 foot setback from any
22    residence, and in the case of a facility that is developed
23    or the permitted composting area of which is expanded
24    after November 17, 1991, the composting area is located at
25    least 1/8 mile from the nearest residence (other than a
26    residence located on the same property as the facility);
		HB5475	- 50 -	LRB104 19362 BDA 32810 b
1        (4) the design of the facility will prevent any
2    compost material from being placed within 5 feet of the
3    water table, will adequately control runoff from the site,
4    and will collect and manage any leachate that is generated
5    on the site;
6        (5) the operation of the facility will include
7    appropriate dust and odor control measures, limitations on
8    operating hours, appropriate noise control measures for
9    shredding, chipping and similar equipment, management
10    procedures for composting, containment and disposal of
11    non-compostable wastes, procedures to be used for
12    terminating operations at the site, and recordkeeping
13    sufficient to document the amount of materials received,
14    composted, and otherwise disposed of; and
15        (6) the operation will be conducted in accordance with
16    any applicable rules adopted by the Board.
17    The Agency shall issue renewable permits of not longer
18than 10 years in duration for the composting of landscape
19wastes, as defined in Section 3.155 of this Act, based on the
20above requirements.
21    The operator of any facility permitted under this
22subsection (m) must submit a written annual statement to the
23Agency on or before April 1 of each year that includes an
24estimate of the amount of material, in tons, received for
25composting.
26    (n) The Agency shall issue permits jointly with the
		HB5475	- 51 -	LRB104 19362 BDA 32810 b
1Department of Transportation for the dredging or deposit of
2material in Lake Michigan in accordance with Section 18 of the
3Rivers, Lakes, and Streams Act.
4    (o) (Blank).
5    (p) (1) Any person submitting an application for a permit
6for a new MSWLF unit or for a lateral expansion under
7subsection (t) of Section 21 of this Act for an existing MSWLF
8unit that has not received and is not subject to local siting
9approval under Section 39.2 of this Act shall publish notice
10of the application in a newspaper of general circulation in
11the county in which the MSWLF unit is or is proposed to be
12located. The notice must be published at least 15 days before
13submission of the permit application to the Agency. The notice
14shall state the name and address of the applicant, the
15location of the MSWLF unit or proposed MSWLF unit, the nature
16and size of the MSWLF unit or proposed MSWLF unit, the nature
17of the activity proposed, the probable life of the proposed
18activity, the date the permit application will be submitted,
19and a statement that persons may file written comments with
20the Agency concerning the permit application within 30 days
21after the filing of the permit application unless the time
22period to submit comments is extended by the Agency.
23    When a permit applicant submits information to the Agency
24to supplement a permit application being reviewed by the
25Agency, the applicant shall not be required to reissue the
26notice under this subsection.
		HB5475	- 52 -	LRB104 19362 BDA 32810 b
1    (2) The Agency shall accept written comments concerning
2the permit application that are postmarked no later than 30
3days after the filing of the permit application, unless the
4time period to accept comments is extended by the Agency.
5    (3) Each applicant for a permit described in part (1) of
6this subsection shall file a copy of the permit application
7with the county board or governing body of the municipality in
8which the MSWLF unit is or is proposed to be located at the
9same time the application is submitted to the Agency. The
10permit application filed with the county board or governing
11body of the municipality shall include all documents submitted
12to or to be submitted to the Agency, except trade secrets as
13determined under Section 7.1 of this Act. The permit
14application and other documents on file with the county board
15or governing body of the municipality shall be made available
16for public inspection during regular business hours at the
17office of the county board or the governing body of the
18municipality and may be copied upon payment of the actual cost
19of reproduction.
20    (q) Within 6 months after July 12, 2011 (the effective
21date of Public Act 97-95), the Agency, in consultation with
22the regulated community, shall develop a web portal to be
23posted on its website for the purpose of enhancing review and
24promoting timely issuance of permits required by this Act. At
25a minimum, the Agency shall make the following information
26available on the web portal:
		HB5475	- 53 -	LRB104 19362 BDA 32810 b
1        (1) Checklists and guidance relating to the completion
2    of permit applications, developed pursuant to subsection
3    (s) of this Section, which may include, but are not
4    limited to, existing instructions for completing the
5    applications and examples of complete applications. As the
6    Agency develops new checklists and develops guidance, it
7    shall supplement the web portal with those materials.
8        (2) Within 2 years after July 12, 2011 (the effective
9    date of Public Act 97-95), permit application forms or
10    portions of permit applications that can be completed and
11    saved electronically, and submitted to the Agency
12    electronically with digital signatures.
13        (3) Within 2 years after July 12, 2011 (the effective
14    date of Public Act 97-95), an online tracking system where
15    an applicant may review the status of its pending
16    application, including the name and contact information of
17    the permit analyst assigned to the application. Until the
18    online tracking system has been developed, the Agency
19    shall post on its website semi-annual permitting
20    efficiency tracking reports that include statistics on the
21    timeframes for Agency action on the following types of
22    permits received after July 12, 2011 (the effective date
23    of Public Act 97-95): air construction permits, new NPDES
24    permits and associated water construction permits, and
25    modifications of major NPDES permits and associated water
26    construction permits. The reports must be posted by
		HB5475	- 54 -	LRB104 19362 BDA 32810 b
1    February 1 and August 1 each year and shall include:
2            (A) the number of applications received for each
3        type of permit, the number of applications on which
4        the Agency has taken action, and the number of
5        applications still pending; and
6            (B) for those applications where the Agency has
7        not taken action in accordance with the timeframes set
8        forth in this Act, the date the application was
9        received and the reasons for any delays, which may
10        include, but shall not be limited to, (i) the
11        application being inadequate or incomplete, (ii)
12        scientific or technical disagreements with the
13        applicant, USEPA, or other local, state, or federal
14        agencies involved in the permitting approval process,
15        (iii) public opposition to the permit, or (iv) Agency
16        staffing shortages. To the extent practicable, the
17        tracking report shall provide approximate dates when
18        cause for delay was identified by the Agency, when the
19        Agency informed the applicant of the problem leading
20        to the delay, and when the applicant remedied the
21        reason for the delay.
22    (r) Upon the request of the applicant, the Agency shall
23notify the applicant of the permit analyst assigned to the
24application upon its receipt.
25    (s) The Agency is authorized to prepare and distribute
26guidance documents relating to its administration of this
		HB5475	- 55 -	LRB104 19362 BDA 32810 b
1Section and procedural rules implementing this Section.
2Guidance documents prepared under this subsection shall not be
3considered rules and shall not be subject to the Illinois
4Administrative Procedure Act. Such guidance shall not be
5binding on any party.
6    (t) Except as otherwise prohibited by federal law or
7regulation, any person submitting an application for a permit
8may include with the application suggested permit language for
9Agency consideration. The Agency is not obligated to use the
10suggested language or any portion thereof in its permitting
11decision. If requested by the permit applicant, the Agency
12shall meet with the applicant to discuss the suggested
13language.
14    (u) If requested by the permit applicant, the Agency shall
15provide the permit applicant with a copy of the draft permit
16prior to any public review period.
17    (v) If requested by the permit applicant, the Agency shall
18provide the permit applicant with a copy of the final permit
19prior to its issuance.
20    (w) An air pollution permit shall not be required due to
21emissions of greenhouse gases, as specified by Section 9.15 of
22this Act.
23    (x) If, before the expiration of a State operating permit
24that is issued pursuant to subsection (a) of this Section and
25contains federally enforceable conditions limiting the
26potential to emit of the source to a level below the major
		HB5475	- 56 -	LRB104 19362 BDA 32810 b
1source threshold for that source so as to exclude the source
2from the Clean Air Act Permit Program, the Agency receives a
3complete application for the renewal of that permit, then all
4of the terms and conditions of the permit shall remain in
5effect until final administrative action has been taken on the
6application for the renewal of the permit.
7    (y) The Agency may issue permits exclusively under this
8subsection to persons owning or operating a CCR surface
9impoundment subject to Section 22.59.
10    (z) If a mass animal mortality event is declared by the
11Department of Agriculture in accordance with the Animal
12Mortality Act:
13        (1) the owner or operator responsible for the disposal
14    of dead animals is exempted from the following:
15            (i) obtaining a permit for the construction,
16        installation, or operation of any type of facility or
17        equipment issued in accordance with subsection (a) of
18        this Section;
19            (ii) obtaining a permit for open burning in
20        accordance with the rules adopted by the Board; and
21            (iii) registering the disposal of dead animals as
22        an eligible small source with the Agency in accordance
23        with Section 9.14 of this Act;
24        (2) as applicable, the owner or operator responsible
25    for the disposal of dead animals is required to obtain the
26    following permits:
		HB5475	- 57 -	LRB104 19362 BDA 32810 b
1            (i) an NPDES permit in accordance with subsection
2        (b) of this Section;
3            (ii) a PSD permit or an NA NSR permit in accordance
4        with Section 9.1 of this Act;
5            (iii) a lifetime State operating permit or a
6        federally enforceable State operating permit, in
7        accordance with subsection (a) of this Section; or
8            (iv) a CAAPP permit, in accordance with Section
9        39.5 of this Act.
10    All CCR surface impoundment permits shall contain those
11terms and conditions, including, but not limited to, schedules
12of compliance, which may be required to accomplish the
13purposes and provisions of this Act, Board regulations, the
14Illinois Groundwater Protection Act and regulations pursuant
15thereto, and the Resource Conservation and Recovery Act and
16regulations pursuant thereto, and may include schedules for
17achieving compliance therewith as soon as possible.
18    The Board shall adopt filing requirements and procedures
19that are necessary and appropriate for the issuance of CCR
20surface impoundment permits and that are consistent with this
21Act or regulations adopted by the Board, and with the RCRA, as
22amended, and regulations pursuant thereto.
23    The applicant shall make available to the public for
24inspection all documents submitted by the applicant to the
25Agency in furtherance of an application, with the exception of
26trade secrets, on its public internet website as well as at the
		HB5475	- 58 -	LRB104 19362 BDA 32810 b
1office of the county board or governing body of the
2municipality where CCR from the CCR surface impoundment will
3be permanently disposed. Such documents may be copied upon
4payment of the actual cost of reproduction during regular
5business hours of the local office.
6    The Agency shall issue a written statement concurrent with
7its grant or denial of the permit explaining the basis for its
8decision.
9(Source: P.A. 104-458, eff. 6-1-26.)
10    (415 ILCS 5/39.16 new)
11    Sec. 39.16. Requirement to sample sludges and biosolids 
12for perfluoroalkyl and polyfluoroalkyl substances.
13    (a) The purpose of this Section is to provide for the 
14sampling for perfluoroalkyl and polyfluoroalkyl substances of 
15any sludge or biosolid that is land applied pursuant to a 
16permit issued by the Agency.
17    (b) The Agency shall not issue any permit required under 
18subsection (b) of Section 12 for the land application of a 
19sludge or biosolid unless the application includes sample 
20results for the sludge or biosolid for all perfluoroalkyl and 
21polyfluoroalkyl substances for which there are accredited 
22wastewater analytical methods.
23    (c) Any permit required under subsection (b) of Section 12 
24issued by the Agency for the land application of a sludge or 
25biosolid shall require, at a minimum, periodic sampling of the 
		HB5475	- 59 -	LRB104 19362 BDA 32810 b
1sludge or biosolid for all perfluoroalkyl and polyfluoroalkyl 
2substances for which there are accredited wastewater 
3analytical methods.
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.