HB5094ham002 93RD GENERAL ASSEMBLY

Rep. James H. Meyer

Filed: 3/30/2004

09300HB5094ham002 LRB093 18656 MKM 49393 a

AMENDMENT TO HOUSE BILL 5094

AMENDMENT NO. ______. Amend House Bill 5094, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by changing Section 39.4 as follows:

(415 ILCS 5/39.4) (from Ch. 111 1/2, par. 1039.4)

Sec. 39.4. Agrichemical facility permit or lawncare containment permit endorsement.

(a) Upon receipt of a joint application transmitted from the Department of Agriculture for an agrichemical facility construction or operation permit or a lawncare containment permit, the Agency may provide a written endorsement of the permit to be issued by the Department for such agrichemical facility or lawncare wash water containment area. The Agency's endorsement may be provided at any time prior to final action by the Department regarding the subject permit.

(b) For all purposes of this Act, an agrichemical facility permit or lawncare containment permit endorsed by the Agency pursuant to this Section shall be deemed to be a permit issued by the Agency pursuant to subsection (b) of Section 9 and subsection (b) of Section 12 of this Act. An agrichemical facility or a lawncare wash water containment area remains subject to all applicable permit requirements under this Act if the Department of Agriculture's agrichemical facility permit or lawncare containment permit has not been endorsed pursuant to subsection (a) of this Section.

(c) An agrichemical facility permit or a lawncare containment permit endorsed by the Agency shall not be subject to the annual fee provisions of Section 9.6 of this Act.

(Source: P.A. 88-474.)".