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| | HB4697 Engrossed | | LRB097 19396 CEL 64649 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Surface Coal Mining Land Conservation and |
| 5 | | Reclamation Act is amended by changing Section 2.11 as follows:
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| 6 | | (225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
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| 7 | | Sec. 2.11. Procedures for Approval.
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| 8 | | (a) If a hearing has been held under Section 2.04, the |
| 9 | | Department shall
within 60 days after the last such hearing |
| 10 | | make its decision on the application
and shall promptly furnish |
| 11 | | the applicant, local government officials in the
area of the |
| 12 | | affected land, and persons who are parties to the |
| 13 | | administrative
proceedings, with the written findings of the |
| 14 | | Department and stating the
specific reasons for its decision.
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| 15 | | (b) If no hearing has been held under Section 2.04, the |
| 16 | | Department shall
make its decision on the application within |
| 17 | | 120 days after receipt by the
Department of a complete |
| 18 | | application and shall promptly notify the applicant,
local |
| 19 | | government officials in the area of the affected land, and |
| 20 | | persons
who have submitted written comments on the application |
| 21 | | of the Department's
decision with the written findings of the |
| 22 | | Department and stating the
specific reasons for its decision.
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| 23 | | (c) Within 30 days after the applicant is notified of the |
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| 1 | | final decision
of the Department on the permit application, the |
| 2 | | applicant or any person
with an interest that is or may be |
| 3 | | adversely affected may request a hearing on
the reasons for the |
| 4 | | final determination. The Department shall hold a hearing
within |
| 5 | | 30 days after this request and notify all interested parties at |
| 6 | | the time
that the applicant is notified. The notice shall be |
| 7 | | published in a newspaper of
general circulation published in |
| 8 | | each county in which any part of the area of
the affected land |
| 9 | | is located. The notice shall appear no more than 14 days nor
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| 10 | | less than 7 days prior to the date of the hearing. The notice |
| 11 | | shall be no less
than one eighth page in size, and the smallest |
| 12 | | type used shall be twelve point
and shall be enclosed in a |
| 13 | | black border no less than 1/4 inch wide. The notice
shall not |
| 14 | | be placed in that portion of the newspaper where legal notices |
| 15 | | and
classified advertisements appear. The hearing shall be of |
| 16 | | record
and adjudicatory in nature. No person who presided at a |
| 17 | | hearing under Section
2.04 shall either preside at the hearing |
| 18 | | or participate in the decision on
the hearing. Once a hearing |
| 19 | | has started, the hearing officer may issue interim orders |
| 20 | | allowing the Department or the applicant to correct or alter |
| 21 | | the permit or application. Within 30 days after the hearing, |
| 22 | | the Department shall issue,
and furnish the applicant, local |
| 23 | | government officials in the area of the
affected land, and all |
| 24 | | persons who participated in the hearing, its written
decision |
| 25 | | granting or denying the permit in whole or in part and stating
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| 26 | | the reasons for its decision. No party to a formal adjudicatory |
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| 1 | | hearing under
this subsection may seek judicial review of the |
| 2 | | Department's final decision on
the permit application until |
| 3 | | after the issuance of the hearing officer's
written decision |
| 4 | | granting or denying the permit.
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| 5 | | (d) If the application is approved under either subsection |
| 6 | | (a) or (b)
of this Section, the permit shall be issued.
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| 7 | | (e) If a hearing is requested under subsection (c) of this |
| 8 | | Section, the
Department may, under such conditions as it may |
| 9 | | prescribe, grant such temporary
relief as it deems appropriate |
| 10 | | pending final determination of the proceedings
if all parties |
| 11 | | to the proceedings have been notified and given an opportunity
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| 12 | | to be heard on a request for temporary relief, the person |
| 13 | | requesting such
relief shows that there is a substantial |
| 14 | | likelihood that he will prevail
on the merits of the final |
| 15 | | determination of the proceeding, and such relief
will not |
| 16 | | adversely affect the public health or safety or cause |
| 17 | | significant
imminent environmental harm to land, air, or water |
| 18 | | resources.
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| 19 | | (f) If final action on an application does not occur within |
| 20 | | the times
prescribed in subsections (a) or (b) of this Section, |
| 21 | | whichever applies,
the applicant may deem the application |
| 22 | | denied, and such denial shall constitute
final action. The |
| 23 | | applicant may waive these time limits.
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| 24 | | (g) For the purpose of hearings under this Section, the |
| 25 | | Department may
administer oaths, subpoena witnesses or written |
| 26 | | or printed materials, compel
attendance of the witnesses or |
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| 1 | | production of the materials, and take evidence
including but |
| 2 | | not limited to site inspections of the land to be affected
and |
| 3 | | other mining operations carried on by the applicant in the |
| 4 | | general vicinity
of the proposed operation. A verbatim record |
| 5 | | of each hearing under this
Section shall be made, and a |
| 6 | | transcript shall be made available on the
motion of any party |
| 7 | | or by order of the Department.
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| 8 | | (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
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