Full Text of SB2640 95th General Assembly
SB2640eng 95TH GENERAL ASSEMBLY
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SB2640 Engrossed |
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| AN ACT concerning government.
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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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| 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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| 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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| 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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