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| Public Act 096-0934 |
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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 | ||||
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 | ||||
permit which is
subject to Section 39.5. If the Agency refuses | ||||
to grant or grants with
conditions a CAAPP permit, makes a | ||||
determination of incompleteness regarding a
submitted CAAPP | ||||
application, or fails to act on an application for a CAAPP
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permit, permit renewal, or permit revision within the time | ||||
specified in
paragraph 5(j) of Section 39.5 of this Act, the | ||||
applicant, any person who
participated in the public comment | ||||
process pursuant to subsection 8 of Section
39.5 of this Act, | ||||
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 | ||||
permit action, petition for a hearing before the
Board to | ||||
contest the decision of the Agency. However, the 35-day period | ||||
for
petitioning for a hearing may be extended by the applicant | ||||
for an
additional period of time not to exceed 90 days by | ||||
written notice
provided to the Board from the applicant and the | ||||
Agency within the
initial appeal period. If another person with | ||
standing to appeal wishes to
obtain an extension, there must be | ||
a written notice provided to the Board by
that person, the | ||
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 | ||
after the 35-day
period, only if such petitions are based | ||
solely on grounds arising after the
35-day period expires. Such | ||
petitions shall be filed within 35 days after the
new grounds | ||
for review arise. If the final permit action being challenged | ||
is
the Agency's failure to take final action, a petition for a | ||
hearing before the
Board shall be filed before the Agency | ||
denies or issues the final permit.
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The Agency shall appear as respondent in such hearing. At | ||
such hearing the
rules prescribed in Sections 32 and 33(a) of | ||
this Act shall apply, and the
burden of proof shall be on the | ||
petitioner.
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(b) The Agency's failure to take final action within 90 | ||
days of receipt of
an application requesting minor permit | ||
modification procedures (or 180 days for
modifications subject | ||
to group processing requirements), pursuant to subsection
14 of | ||
Section 39.5, will be subject to this Section and Section 41 of | ||
this Act.
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(c) If there is no final action by the Board within 120 | ||
days after the
date on which it received the petition, the | ||
permit shall not be deemed
issued; rather, the petitioner shall | ||
be entitled to an Appellate Court order
pursuant to Section | ||
41(d) of this Act. The period of 120 days shall not
run for any | ||
period of time, not to exceed 30 days, during which the Board | ||
is
without sufficient membership to constitute the quorum | ||
required by subsection
(a) of Section 5 of this Act; the 120 | ||
day period shall not be stayed for
lack of quorum beyond 30 | ||
days, regardless of whether the lack of quorum exists
at the | ||
beginning of the 120 day period or occurs during the running of | ||
the
120 day period.
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(d) Any person who files a petition to contest the final | ||
permit action by
the Agency under this Section shall pay a | ||
filing fee.
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(e) The Agency shall notify USEPA, in writing, of any | ||
petition for hearing
brought under this Section involving a | ||
provision or denial of a Phase II acid
rain permit within 30 | ||
days of the filing of the petition. USEPA may intervene
as a | ||
matter of right in any such hearing. The Agency shall notify | ||
USEPA, in
writing, of any determination or order in a hearing | ||
brought under this Section
that interprets, voids, or otherwise | ||
relates to any portion of a Phase II acid
rain permit.
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(f) If requested by the applicant, the Board may stay the | ||
effectiveness of any final Agency action identified in | ||
subsection (a) of this Section during the pendency of the | ||
review process. If requested by the applicant, the Board shall | ||
stay the effectiveness of all the contested conditions of a | ||
CAAPP permit. The Board may stay the effectiveness of any or | ||
all uncontested conditions if the Board determines that the | ||
uncontested conditions would be affected by its review of | ||
contested conditions. If the Board stays any, but not all, | ||
conditions, then the applicant shall continue to operate in | ||
accordance with any related terms and conditions of any other | ||
applicable permits until final Board action in the review | ||
process. If the Board stays all conditions, then the applicant | ||
shall continue to operate in accordance with all related terms | ||
and conditions of any other applicable permits until final | ||
Board action in the review process. Any stays granted by the | ||
Board shall be deemed effective upon the date of final Agency | ||
action appealed by the applicant under this subsection (f). | ||
Subsection (b) of Section 10-65 of the Illinois Administrative | ||
Procedure Act shall not apply to actions under this subsection. | ||
(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 | ||
becoming law.
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