Full Text of SB2812 96th General Assembly
SB2812 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2812
Introduced 1/28/2010, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/40.2 |
from Ch. 111 1/2, par. 1040.2 |
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Amends the Environmental Protection Act. Authorizes the Illinois Pollution Control Board to stay the effectiveness of certain actions taken or permit conditions imposed by the Environmental Protection Agency in the course of administering the Clean Air Act Permit Program (CAAPP). Provides that if the Board stays any contested conditions, then any related conditions from any prior existing permit continue in full force and effect until the Board makes its final decision regarding the appeal of the granted CAAPP permit. Authorizes the Board to stay all the conditions in a CAAPP permit upon a demonstration that the issues raised on appeal can be reasonably expected to affect the CAAPP permit in its entirety. Provides that if the entire CAAPP permit is stayed by the Board, then any prior existing permit continues in full force and effect until the Board makes its final decision regarding the appeal of the granted CAAPP permit. Effective immediately.
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A BILL FOR
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SB2812 |
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LRB096 15132 JDS 30189 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| 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 | 9 |
| permit which is
subject to Section 39.5. If the Agency refuses | 10 |
| to grant or grants with
conditions a CAAPP permit, makes a | 11 |
| determination of incompleteness regarding a
submitted CAAPP | 12 |
| application, or fails to act on an application for a CAAPP
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| permit, permit renewal, or permit revision within the time | 14 |
| specified in
paragraph 5(j) of Section 39.5 of this Act, the | 15 |
| applicant, any person who
participated in the public comment | 16 |
| process pursuant to subsection 8 of Section
39.5 of this Act, | 17 |
| 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 | 19 |
| permit action, petition for a hearing before the
Board to | 20 |
| contest the decision of the Agency. However, the 35-day period | 21 |
| for
petitioning for a hearing may be extended by the applicant | 22 |
| for an
additional period of time not to exceed 90 days by | 23 |
| written notice
provided to the Board from the applicant and the |
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SB2812 |
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LRB096 15132 JDS 30189 b |
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| Agency within the
initial appeal period. If another person with | 2 |
| standing to appeal wishes to
obtain an extension, there must be | 3 |
| a written notice provided to the Board by
that person, the | 4 |
| 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 | 7 |
| after the 35-day
period, only if such petitions are based | 8 |
| solely on grounds arising after the
35-day period expires. Such | 9 |
| petitions shall be filed within 35 days after the
new grounds | 10 |
| for review arise. If the final permit action being challenged | 11 |
| is
the Agency's failure to take final action, a petition for a | 12 |
| hearing before the
Board shall be filed before the Agency | 13 |
| denies or issues the final permit.
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| The Agency shall appear as respondent in such hearing. At | 15 |
| such hearing the
rules prescribed in Sections 32 and 33(a) of | 16 |
| this Act shall apply, and the
burden of proof shall be on the | 17 |
| petitioner.
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| (b) The Agency's failure to take final action within 90 | 19 |
| days of receipt of
an application requesting minor permit | 20 |
| modification procedures (or 180 days for
modifications subject | 21 |
| to group processing requirements), pursuant to subsection
14 of | 22 |
| Section 39.5, will be subject to this Section and Section 41 of | 23 |
| this Act.
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| (c) If there is no final action by the Board within 120 | 25 |
| days after the
date on which it received the petition, the | 26 |
| permit shall not be deemed
issued; rather, the petitioner shall |
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SB2812 |
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LRB096 15132 JDS 30189 b |
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| be entitled to an Appellate Court order
pursuant to Section | 2 |
| 41(d) of this Act. The period of 120 days shall not
run for any | 3 |
| period of time, not to exceed 30 days, during which the Board | 4 |
| is
without sufficient membership to constitute the quorum | 5 |
| required by subsection
(a) of Section 5 of this Act; the 120 | 6 |
| day period shall not be stayed for
lack of quorum beyond 30 | 7 |
| days, regardless of whether the lack of quorum exists
at the | 8 |
| beginning of the 120 day period or occurs during the running of | 9 |
| the
120 day period.
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| (d) Any person who files a petition to contest the final | 11 |
| permit action by
the Agency under this Section shall pay a | 12 |
| filing fee.
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| (e) The Agency shall notify USEPA, in writing, of any | 14 |
| petition for hearing
brought under this Section involving a | 15 |
| provision or denial of a Phase II acid
rain permit within 30 | 16 |
| days of the filing of the petition. USEPA may intervene
as a | 17 |
| matter of right in any such hearing. The Agency shall notify | 18 |
| USEPA, in
writing, of any determination or order in a hearing | 19 |
| brought under this Section
that interprets, voids, or otherwise | 20 |
| 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 | 22 |
| Agency action identified in subsection (a) of this Section | 23 |
| during the pendency of the review process. The Board may stay | 24 |
| the effectiveness of any or all of the contested conditions of | 25 |
| a CAAPP permit if requested. If the Board stays any contested | 26 |
| conditions, then any related conditions from any prior existing |
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LRB096 15132 JDS 30189 b |
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| permit continue in full force and effect until the final Board | 2 |
| decision on the appeal of the granted CAAPP permit has been | 3 |
| made. The Board may grant a request to stay all the conditions | 4 |
| in a CAAPP permit upon a demonstration that the issues raised | 5 |
| on appeal can be reasonably expected to affect the CAAPP permit | 6 |
| in its entirety. If the entire CAAPP permit is stayed by the | 7 |
| Board, then any prior existing permit continues in full force | 8 |
| and effect until the final Board decision on the appeal of the | 9 |
| granted CAAPP permit has been made. | 10 |
| (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 | 12 |
| becoming law.
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