Illinois General Assembly - Full Text of HB4697
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Full Text of HB4697  97th General Assembly


Rep. John E. Bradley

Filed: 3/1/2012





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2    AMENDMENT NO. ______. Amend House Bill 4697 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Surface Coal Mining Land Conservation and
5Reclamation Act is amended by changing Section 2.11 as follows:
6    (225 ILCS 720/2.11)  (from Ch. 96 1/2, par. 7902.11)
7    Sec. 2.11. Procedures for Approval.
8    (a) If a hearing has been held under Section 2.04, the
9Department shall within 60 days after the last such hearing
10make its decision on the application and shall promptly furnish
11the applicant, local government officials in the area of the
12affected land, and persons who are parties to the
13administrative proceedings, with the written findings of the
14Department and stating the specific reasons for its decision.
15    (b) If no hearing has been held under Section 2.04, the
16Department shall make its decision on the application within



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1120 days after receipt by the Department of a complete
2application and shall promptly notify the applicant, local
3government officials in the area of the affected land, and
4persons who have submitted written comments on the application
5of the Department's decision with the written findings of the
6Department and stating the specific reasons for its decision.
7    (c) Within 30 days after the applicant is notified of the
8final decision of the Department on the permit application, the
9applicant or any person with an interest that is or may be
10adversely affected may request a hearing on the reasons for the
11final determination. The Department shall hold a hearing within
1230 days after this request and notify all interested parties at
13the time that the applicant is notified. The notice shall be
14published in a newspaper of general circulation published in
15each county in which any part of the area of the affected land
16is located. The notice shall appear no more than 14 days nor
17less than 7 days prior to the date of the hearing. The notice
18shall be no less than one eighth page in size, and the smallest
19type used shall be twelve point and shall be enclosed in a
20black border no less than 1/4 inch wide. The notice shall not
21be placed in that portion of the newspaper where legal notices
22and classified advertisements appear. The hearing shall be of
23record and adjudicatory in nature. No person who presided at a
24hearing under Section 2.04 shall either preside at the hearing
25or participate in the decision on the hearing. Once a hearing
26has started, the hearing officer may issue interim orders



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1allowing the Department or the applicant to correct or alter
2the permit or application. Within 30 days after the hearing,
3the Department shall issue, and furnish the applicant, local
4government officials in the area of the affected land, and all
5persons who participated in the hearing, its written decision
6granting or denying the permit in whole or in part and stating
7the reasons for its decision. No party to a formal adjudicatory
8hearing under this subsection may seek judicial review of the
9Department's final decision on the permit application until
10after the issuance of the hearing officer's written decision
11granting or denying the permit.
12    (d) If the application is approved under either subsection
13(a) or (b) of this Section, the permit shall be issued.
14    (e) If a hearing is requested under subsection (c) of this
15Section, the Department may, under such conditions as it may
16prescribe, grant such temporary relief as it deems appropriate
17pending final determination of the proceedings if all parties
18to the proceedings have been notified and given an opportunity
19to be heard on a request for temporary relief, the person
20requesting such relief shows that there is a substantial
21likelihood that he will prevail on the merits of the final
22determination of the proceeding, and such relief will not
23adversely affect the public health or safety or cause
24significant imminent environmental harm to land, air, or water
26    (f) If final action on an application does not occur within



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1the times prescribed in subsections (a) or (b) of this Section,
2whichever applies, the applicant may deem the application
3denied, and such denial shall constitute final action. The
4applicant may waive these time limits.
5    (g) For the purpose of hearings under this Section, the
6Department may administer oaths, subpoena witnesses or written
7or printed materials, compel attendance of the witnesses or
8production of the materials, and take evidence including but
9not limited to site inspections of the land to be affected and
10other mining operations carried on by the applicant in the
11general vicinity of the proposed operation. A verbatim record
12of each hearing under this Section shall be made, and a
13transcript shall be made available on the motion of any party
14or by order of the Department.
15(Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".