Public Act 096-0934
 
SB2812 Enrolled LRB096 15132 JDS 30189 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 40.2 as follows:
 
    (415 ILCS 5/40.2)  (from Ch. 111 1/2, par. 1040.2)
    Sec. 40.2. Application of review process.
    (a) Subsection (a) of Section 40 does not apply to any
permit which is subject to Section 39.5. If the Agency refuses
to grant or grants with conditions a CAAPP permit, makes a
determination of incompleteness regarding a submitted CAAPP
application, or fails to act on an application for a CAAPP
permit, permit renewal, or permit revision within the time
specified in paragraph 5(j) of Section 39.5 of this Act, the
applicant, any person who participated in the public comment
process pursuant to subsection 8 of Section 39.5 of this Act,
or any other person who could obtain judicial review pursuant
to Section 41(a) of this Act, may, within 35 days after final
permit action, petition for a hearing before the Board to
contest the decision of the Agency. However, the 35-day period
for petitioning for a hearing may be extended by the applicant
for an additional period of time not to exceed 90 days by
written notice provided to the Board from the applicant and the
Agency within the initial appeal period. If another person with
standing to appeal wishes to obtain an extension, there must be
a written notice provided to the Board by that person, the
Agency, and the applicant, within the initial appeal period.
Notwithstanding the preceding requirements, petitions for a
hearing before the Board under this subsection may be filed
after the 35-day period, only if such petitions are based
solely on grounds arising after the 35-day period expires. Such
petitions shall be filed within 35 days after the new grounds
for review arise. If the final permit action being challenged
is the Agency's failure to take final action, a petition for a
hearing before the Board shall be filed before the Agency
denies or issues the final permit.
    The Agency shall appear as respondent in such hearing. At
such hearing the rules prescribed in Sections 32 and 33(a) of
this Act shall apply, and the burden of proof shall be on the
petitioner.
    (b) The Agency's failure to take final action within 90
days of receipt of an application requesting minor permit
modification procedures (or 180 days for modifications subject
to group processing requirements), pursuant to subsection 14 of
Section 39.5, will be subject to this Section and Section 41 of
this Act.
    (c) If there is no final action by the Board within 120
days after the date on which it received the petition, the
permit shall not be deemed issued; rather, the petitioner shall
be entitled to an Appellate Court order pursuant to Section
41(d) of this Act. The period of 120 days shall not run for any
period of time, not to exceed 30 days, during which the Board
is without sufficient membership to constitute the quorum
required by subsection (a) of Section 5 of this Act; the 120
day period shall not be stayed for lack of quorum beyond 30
days, regardless of whether the lack of quorum exists at the
beginning of the 120 day period or occurs during the running of
the 120 day period.
    (d) Any person who files a petition to contest the final
permit action by the Agency under this Section shall pay a
filing fee.
    (e) The Agency shall notify USEPA, in writing, of any
petition for hearing brought under this Section involving a
provision or denial of a Phase II acid rain permit within 30
days of the filing of the petition. USEPA may intervene as a
matter of right in any such hearing. The Agency shall notify
USEPA, in writing, of any determination or order in a hearing
brought under this Section that interprets, voids, or otherwise
relates to any portion of a Phase II acid rain permit.
    (f) If requested by the applicant, the Board may stay the
effectiveness of any final Agency action identified in
subsection (a) of this Section during the pendency of the
review process. If requested by the applicant, the Board shall
stay the effectiveness of all the contested conditions of a
CAAPP permit. The Board may stay the effectiveness of any or
all uncontested conditions if the Board determines that the
uncontested conditions would be affected by its review of
contested conditions. If the Board stays any, but not all,
conditions, then the applicant shall continue to operate in
accordance with any related terms and conditions of any other
applicable permits until final Board action in the review
process. If the Board stays all conditions, then the applicant
shall continue to operate in accordance with all related terms
and conditions of any other applicable permits until final
Board action in the review process. Any stays granted by the
Board shall be deemed effective upon the date of final Agency
action appealed by the applicant under this subsection (f).
Subsection (b) of Section 10-65 of the Illinois Administrative
Procedure Act shall not apply to actions under this subsection.
(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.