Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 107 - PETITION TO REVIEW POLLUTION CONTROL FACILITY SITING DECISIONS
Subpart A - GENERAL PROVISIONS
Section 107.106 - Description

Universal Citation: 35 IL Admin Code ยง 107.106
Current through Register Vol. 48, No. 38, September 20, 2024

Under Section 39(c) of the Act, any new pollution control facility, prior to receiving a permit from the Agency to construct and operate, must first receive siting approval from the County Board of the county if in an unincorporated area, or the governing body of the municipality when in an incorporated area, in which the facility is to be located. [ 415 ILCS 5/39(c)] The siting approval can only be given under Section 39.2 of the Act and only after the unit of local government conducts a public hearing that comports with the requirements of Section 39.2(d) and with general standards of fundamental fairness. Under Section 40.1 of the Act, a decision of a unit of local government to site or deny siting of a new pollution control facility is reviewable by the Board. The decision of the Board is appealable to the Illinois appellate court.

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