Sen. Don Harmon

Filed: 4/11/2008

 

 


 

 


 
09500SB2640sam002 LRB095 12681 RCE 49386 a

1
AMENDMENT TO SENATE BILL 2640

2     AMENDMENT NO. ______. Amend Senate Bill 2640, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Environmental Protection Act is amended by
6 changing Section 40.2 as follows:
 
7     (415 ILCS 5/40.2)  (from Ch. 111 1/2, par. 1040.2)
8     Sec. 40.2. Application of review process.
9     (a) Subsection (a) of Section 40 does not apply to any
10 permit which is subject to Section 39.5. If the Agency refuses
11 to grant or grants with conditions a CAAPP permit, makes a
12 determination of incompleteness regarding a submitted CAAPP
13 application, or fails to act on an application for a CAAPP
14 permit, permit renewal, or permit revision within the time
15 specified in paragraph 5(j) of Section 39.5 of this Act, the
16 applicant, any person who participated in the public comment

 

 

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1 process pursuant to subsection 8 of Section 39.5 of this Act,
2 or any other person who could obtain judicial review pursuant
3 to Section 41(a) of this Act, may, within 35 days after final
4 permit action, petition for a hearing before the Board to
5 contest the decision of the Agency. However, the 35-day period
6 for petitioning for a hearing may be extended by the applicant
7 for an additional period of time not to exceed 90 days by
8 written notice provided to the Board from the applicant and the
9 Agency within the initial appeal period. If another person with
10 standing to appeal wishes to obtain an extension, there must be
11 a written notice provided to the Board by that person, the
12 Agency, and the applicant, within the initial appeal period.
13 Notwithstanding the preceding requirements, petitions for a
14 hearing before the Board under this subsection may be filed
15 after the 35-day period, only if such petitions are based
16 solely on grounds arising after the 35-day period expires. Such
17 petitions shall be filed within 35 days after the new grounds
18 for review arise. If the final permit action being challenged
19 is the Agency's failure to take final action, a petition for a
20 hearing before the Board shall be filed before the Agency
21 denies or issues the final permit.
22     The Agency shall appear as respondent in such hearing. At
23 such hearing the rules prescribed in Sections 32 and 33(a) of
24 this Act shall apply, and the burden of proof shall be on the
25 petitioner.
26     (b) The Agency's failure to take final action within 90

 

 

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1 days of receipt of an application requesting minor permit
2 modification procedures (or 180 days for modifications subject
3 to group processing requirements), pursuant to subsection 14 of
4 Section 39.5, will be subject to this Section and Section 41 of
5 this Act.
6     (c) If there is no final action by the Board within 120
7 days after the date on which it received the petition, the
8 permit shall not be deemed issued; rather, the petitioner shall
9 be entitled to an Appellate Court order pursuant to Section
10 41(d) of this Act. The period of 120 days shall not run for any
11 period of time, not to exceed 30 days, during which the Board
12 is without sufficient membership to constitute the quorum
13 required by subsection (a) of Section 5 of this Act; the 120
14 day period shall not be stayed for lack of quorum beyond 30
15 days, regardless of whether the lack of quorum exists at the
16 beginning of the 120 day period or occurs during the running of
17 the 120 day period.
18     (d) Any person who files a petition to contest the final
19 permit action by the Agency under this Section shall pay a
20 filing fee.
21     (e) The Agency shall notify USEPA, in writing, of any
22 petition for hearing brought under this Section involving a
23 provision or denial of a Phase II acid rain permit within 30
24 days of the filing of the petition. USEPA may intervene as a
25 matter of right in any such hearing. The Agency shall notify
26 USEPA, in writing, of any determination or order in a hearing

 

 

09500SB2640sam002 - 4 - LRB095 12681 RCE 49386 a

1 brought under this Section that interprets, voids, or otherwise
2 relates to any portion of a Phase II acid rain permit.
3     (f) The Board may stay the effectiveness of any final
4 Agency action identified in subsection (a) of this Section
5 during the pendency of the review process. The Board may stay
6 the effectiveness of any or all of the contested conditions of
7 a CAAPP permit if requested. If the Board stays any contested
8 conditions, then any related conditions from any prior existing
9 permit continue in full force and effect until the final Board
10 decision on the appeal of the granted CAAPP permit has been
11 made. The Board may grant a request to stay all the conditions
12 in a CAAPP permit upon a demonstration that the issues raised
13 on appeal can be reasonably expected to affect the CAAPP permit
14 in its entirety. If the entire CAAPP permit is stayed by the
15 Board, then any prior existing permit continues in full force
16 and effect until the final Board decision on the appeal of the
17 granted CAAPP permit has been made.
18 (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.".