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90_SB0814sam001
LRB9000467DPmgam01
1 AMENDMENT TO SENATE BILL 814
2 AMENDMENT NO. . Amend Senate Bill 814 on page 3, by
3 replacing lines 27 through 34 with the following:
4 "(e) (1) If the Agency grants or denies a permit under
5 subsection (b) of Section 39 of this Act, a third party,
6 other than the permit applicant or Agency, may petition
7 the Board within 35 days from the date of issuance of the
8 Agency's decision, for a hearing to contest the decision
9 of the Agency.
10 (2) A petitioner shall include the following within
11 a petition submitted under subdivision (1) of this
12 subsection:
13 (A) a demonstration that the petitioner raised
14 the issues contained within the petition during the
15 public notice period or during the public hearing on
16 the NPDES permit application, if a public hearing
17 was held; and
18 (B) a demonstration that the petitioner is so
19 situated as to be affected by the permitted
20 facility.
21 (3) If the Board determines that the petition is
22 not duplicitous or frivolous and contains a satisfactory
23 demonstration under subdivision (2) of this subsection,
24 the Board shall hear the petition (i) in accordance with
-2- LRB9000467DPmgam01
1 the terms of subsection (a) of this Section and its
2 procedural rules governing permit denial appeals and (ii)
3 exclusively on the basis of the record before the Agency.
4 The burden of proof shall be on the petitioner. The
5 Agency and permit applicant shall be named
6 co-respondents."; and
7 on page 4, by deleting lines 1 through 12.