In Illinois the location, or siting, of a Pollution Control Facility (PCF) must be approved by local government.
What is a Pollution Control Facility?
A pollution control facility is defined as any waste storage site, sanitary landfill, waste disposal site, waste transfer station, waste treatment facility, or waste incinerator.
Section 39.2 of the Illinois Environmental Protection Act requires anyone who wishes to develop a new pollution control facility must make a written request to the local government where the facility is to be located. This request also includes a lengthy and detailed application that addresses and demonstrates compliance with nine criteria.
The 9 Criteria:
- The facility is necessary to accommodate the waste needs of the area it is intended to serve.
- The facility is so designed, located and proposed to be operated that the public health, safety, and welfare will be protected.
- 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.
- A) For a facility other than a sanitary landfill or waste disposal site, the facility is located outside the boundary of the 100-year floodplain 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.
- The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents.
- The traffic patterns to or from the facility is designed to minimize the impact on existing traffic flows.
- 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 accidental release.
- If the facility is to be located in a country where the county board has adopted a solid waste management plan consistent with the planning requirements of the Local Solid Waste Disposal Act of the Solid Waste Planning and Recycling Act, the facility is consistent with that plan; for purposed of this criterion the “solid waste management plan” means the plant that is in effect as of the date the application for siting approval is filed,
- The facility will be located within regulation recharge area, any applicable requirements specified by the Board for such areas have been met.
McLean County also has it’s own code regarding Pollution Control Facilities site approval that must be met. McLean County PCF code outlines how to request site approval, the timeline of the review process, and the public hearing that takes place.
As the Solid Waste Agency for McLean County the Ecology Action Center is the staff siting review coordinator for this process.
- At least 14 days prior to submitting siting application, the applicant must notify residents with written request within 250 feet of the proposed property in every direction.
- The applicant files the application with the county, pays a filing fee, and copies of the request are made available to the public.
- A public hearing will be held no sooner than 90 days but no later than 120 days from the date of the application.
- During this hearing the public may give testimony and comment on the suitability of the proposed use for the site location.
- The County Board has 180 days from the filing of the request to make its final decision.
- If the siting location is approved the applicant must then apply for a permit to develop the site with Illinois Environmental Protect Agency.