Full Text of SB3769 97th General Assembly
SB3769 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3769 Introduced 2/10/2012, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
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225 ILCS 720/2.11 | from Ch. 96 1/2, par. 7902.11 |
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Amends the Surface Coal Mining Land Conservation and Reclamation Act. Provides that an applicant or any person
with an interest that is or may be adversely affected may request a hearing on
the reasons for the final determination on the permit application. Provides that the Department of Natural Resources shall hold a hearing
within 30 days after the request unless a prehearing conference is requested. Provides that no person who presides at a public comment hearing shall preside at a hearing or participate in the decision at the hearing. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Surface Coal Mining Land Conservation and | 5 | | Reclamation 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 | 9 | | Department shall
within 60 days after the last such hearing | 10 | | make its decision on the application
and shall promptly furnish | 11 | | the applicant, local government officials in the
area of the | 12 | | affected land, and persons who are parties to the | 13 | | administrative
proceedings, with the written findings of the | 14 | | Department and stating the
specific reasons for its decision.
| 15 | | (b) If no hearing has been held under Section 2.04, the | 16 | | Department shall
make its decision on the application within | 17 | | 120 days after receipt by the
Department of a complete | 18 | | application and shall promptly notify the applicant,
local | 19 | | government officials in the area of the affected land, and | 20 | | persons
who have submitted written comments on the application | 21 | | of the Department's
decision with the written findings of the | 22 | | Department and stating the
specific reasons for its decision.
| 23 | | (c) Within 30 days after the applicant is notified of the |
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| 1 | | final decision
of the Department on the permit application, the | 2 | | applicant or any person
with an interest that is or may be | 3 | | adversely affected may request a hearing on
the reasons for the | 4 | | final determination on the permit application . The Department | 5 | | shall hold a hearing
within 30 days after this request unless a | 6 | | prehearing conference is requested and notify all interested | 7 | | parties at the time
that the applicant is notified. The notice | 8 | | shall be published in a newspaper of
general circulation | 9 | | published in each county in which any part of the area of
the | 10 | | affected land is located. The notice shall appear no more than | 11 | | 14 days nor
less than 7 days prior to the date of the hearing. | 12 | | The notice shall be no less
than one eighth page in size, and | 13 | | the smallest type used shall be twelve point
and shall be | 14 | | enclosed in a black border no less than 1/4 inch wide. The | 15 | | notice
shall not be placed in that portion of the newspaper | 16 | | where legal notices and
classified advertisements appear. The | 17 | | hearing shall be of record
and adjudicatory in nature. No | 18 | | person who presided at a public comment hearing under Section
| 19 | | 2.04 shall either preside at the hearing or participate in the | 20 | | decision on
the hearing. Within 30 days after the hearing, the | 21 | | hearing officer Department shall issue,
and furnish the | 22 | | applicant, local government officials in the area of the
| 23 | | affected land, and all persons who participated in the hearing, | 24 | | the hearing officer's its written
decision granting or denying | 25 | | the permit in whole or in part and stating
the reasons for the | 26 | | its decision , which shall constitute the final administrative |
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| 1 | | decision on the permit . No party to a formal adjudicatory | 2 | | hearing under
this subsection may seek judicial review of the | 3 | | Department's final decision on
the permit application until | 4 | | after the issuance of the hearing officer's
written decision | 5 | | granting or denying the permit.
| 6 | | (d) If the application is approved under either subsection | 7 | | (a) or (b)
of this Section, the permit shall be issued.
| 8 | | (e) If a hearing is requested under subsection (c) of this | 9 | | Section, the
Department may, under such conditions as it may | 10 | | prescribe, grant such temporary
relief as it deems appropriate | 11 | | pending final determination of the proceedings
if all parties | 12 | | to the proceedings have been notified and given an opportunity
| 13 | | to be heard on a request for temporary relief, the person | 14 | | requesting such
relief shows that there is a substantial | 15 | | likelihood that he will prevail
on the merits of the final | 16 | | determination of the proceeding, and such relief
will not | 17 | | adversely affect the public health or safety or cause | 18 | | significant
imminent environmental harm to land, air, or water | 19 | | resources.
| 20 | | (f) If final action on an application does not occur within | 21 | | the times
prescribed in subsections (a) or (b) of this Section, | 22 | | whichever applies,
the applicant may deem the application | 23 | | denied, and such denial shall constitute
final action. The | 24 | | applicant may waive these time limits.
| 25 | | (g) For the purpose of hearings under this Section, the | 26 | | Department may
administer oaths, subpoena witnesses or written |
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| 1 | | or printed materials, compel
attendance of the witnesses or | 2 | | production of the materials, and take evidence
including but | 3 | | not limited to site inspections of the land to be affected
and | 4 | | other mining operations carried on by the applicant in the | 5 | | general vicinity
of the proposed operation. A verbatim record | 6 | | of each hearing under this
Section shall be made, and a | 7 | | transcript shall be made available on the
motion of any party | 8 | | or by order of the Department.
| 9 | | (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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