Full Text of SB2812 96th General Assembly
SB2812eng 96TH GENERAL ASSEMBLY
|
|
|
SB2812 Engrossed |
|
LRB096 15132 JDS 30189 b |
|
| 1 |
| AN ACT concerning safety.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 40.2 as follows:
| 6 |
| (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
| 7 |
| Sec. 40.2. Application of review process.
| 8 |
| (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
| 13 |
| 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
| 18 |
| 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 |
|
|
|
SB2812 Engrossed |
- 2 - |
LRB096 15132 JDS 30189 b |
|
| 1 |
| 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.
| 5 |
| Notwithstanding the preceding requirements, petitions for a
| 6 |
| 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.
| 14 |
| 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.
| 18 |
| (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.
| 24 |
| (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 |
|
|
|
SB2812 Engrossed |
- 3 - |
LRB096 15132 JDS 30189 b |
|
| 1 |
| 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.
| 10 |
| (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.
| 13 |
| (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.
| 21 |
| (f) If requested by the applicant, the Board may stay the | 22 |
| effectiveness of any final Agency action identified in | 23 |
| subsection (a) of this Section during the pendency of the | 24 |
| review process. If requested by the applicant, the Board shall | 25 |
| stay the effectiveness of all the contested conditions of a | 26 |
| CAAPP permit. The Board may stay the effectiveness of any or |
|
|
|
SB2812 Engrossed |
- 4 - |
LRB096 15132 JDS 30189 b |
|
| 1 |
| all uncontested conditions if the Board determines that the | 2 |
| uncontested conditions would be affected by its review of | 3 |
| contested conditions. If the Board stays any, but not all, | 4 |
| conditions, then the applicant shall continue to operate in | 5 |
| accordance with any related terms and conditions of any other | 6 |
| applicable permits until final Board action in the review | 7 |
| process. If the Board stays all conditions, then the applicant | 8 |
| shall continue to operate in accordance with all related terms | 9 |
| and conditions of any other applicable permits until final | 10 |
| Board action in the review process. Any stays granted by the | 11 |
| Board shall be deemed effective upon the date of final Agency | 12 |
| action appealed by the applicant under this subsection (f). | 13 |
| Subsection (b) of Section 10-65 of the Illinois Administrative | 14 |
| Procedure Act shall not apply to actions under this subsection. | 15 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|