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Sen. Don Harmon
Filed: 4/11/2008
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LRB095 12681 RCE 49386 a |
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| AMENDMENT TO SENATE BILL 2640
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| AMENDMENT NO. ______. Amend Senate Bill 2640, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Environmental Protection Act is amended by |
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| changing Section 40.2 as follows:
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| (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
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| Sec. 40.2. Application of review process.
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| (a) Subsection (a) of Section 40 does not apply to any |
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| permit which is
subject to Section 39.5. If the Agency refuses |
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| to grant or grants with
conditions a CAAPP permit, makes a |
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| determination of incompleteness regarding a
submitted CAAPP |
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| application, or fails to act on an application for a CAAPP
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| permit, permit renewal, or permit revision within the time |
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| specified in
paragraph 5(j) of Section 39.5 of this Act, the |
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| applicant, any person who
participated in the public comment |
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LRB095 12681 RCE 49386 a |
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| process pursuant to subsection 8 of Section
39.5 of this Act, |
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| or any other person who could obtain judicial review pursuant
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| to Section 41(a) of this Act, may,
within 35 days after final |
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| permit action, petition for a hearing before the
Board to |
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| contest the decision of the Agency. However, the 35-day period |
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| for
petitioning for a hearing may be extended by the applicant |
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| for an
additional period of time not to exceed 90 days by |
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| written notice
provided to the Board from the applicant and the |
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| Agency within the
initial appeal period. If another person with |
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| standing to appeal wishes to
obtain an extension, there must be |
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| a written notice provided to the Board by
that person, the |
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| Agency, and the applicant, within the initial appeal period.
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| Notwithstanding the preceding requirements, petitions for a
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| hearing before the Board under this subsection may be filed |
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| after the 35-day
period, only if such petitions are based |
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| solely on grounds arising after the
35-day period expires. Such |
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| petitions shall be filed within 35 days after the
new grounds |
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| for review arise. If the final permit action being challenged |
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| is
the Agency's failure to take final action, a petition for a |
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| hearing before the
Board shall be filed before the Agency |
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| denies or issues the final permit.
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| The Agency shall appear as respondent in such hearing. At |
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| such hearing the
rules prescribed in Sections 32 and 33(a) of |
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| this Act shall apply, and the
burden of proof shall be on the |
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| petitioner.
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| (b) The Agency's failure to take final action within 90 |
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LRB095 12681 RCE 49386 a |
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| days of receipt of
an application requesting minor permit |
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| modification procedures (or 180 days for
modifications subject |
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| to group processing requirements), pursuant to subsection
14 of |
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| Section 39.5, will be subject to this Section and Section 41 of |
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| this Act.
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| (c) If there is no final action by the Board within 120 |
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| days after the
date on which it received the petition, the |
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| permit shall not be deemed
issued; rather, the petitioner shall |
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| be entitled to an Appellate Court order
pursuant to Section |
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| 41(d) of this Act. The period of 120 days shall not
run for any |
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| period of time, not to exceed 30 days, during which the Board |
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| is
without sufficient membership to constitute the quorum |
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| required by subsection
(a) of Section 5 of this Act; the 120 |
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| day period shall not be stayed for
lack of quorum beyond 30 |
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| days, regardless of whether the lack of quorum exists
at the |
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| beginning of the 120 day period or occurs during the running of |
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| the
120 day period.
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| (d) Any person who files a petition to contest the final |
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| permit action by
the Agency under this Section shall pay a |
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| filing fee.
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| (e) The Agency shall notify USEPA, in writing, of any |
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| petition for hearing
brought under this Section involving a |
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| provision or denial of a Phase II acid
rain permit within 30 |
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| days of the filing of the petition. USEPA may intervene
as a |
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| matter of right in any such hearing. The Agency shall notify |
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| USEPA, in
writing, of any determination or order in a hearing |
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LRB095 12681 RCE 49386 a |
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| brought under this Section
that interprets, voids, or otherwise |
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| relates to any portion of a Phase II acid
rain permit.
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| (f) The Board may stay the effectiveness of any final |
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| Agency action identified in subsection (a) of this Section |
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| during the pendency of the review process. The Board may stay |
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| the effectiveness of any or all of the contested conditions of |
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| a CAAPP permit if requested. If the Board stays any contested |
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| conditions, then any related conditions from any prior existing |
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| permit continue in full force and effect until the final Board |
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| decision on the appeal of the granted CAAPP permit has been |
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| made. The Board may grant a request to stay all the conditions |
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| in a CAAPP permit upon a demonstration that the issues raised |
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| on appeal can be reasonably expected to affect the CAAPP permit |
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| in its entirety. If the entire CAAPP permit is stayed by the |
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| Board, then any prior existing permit continues in full force |
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| and effect until the final Board decision on the appeal of the |
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| granted CAAPP permit has been made. |
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| (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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