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90_HB1002ham001
LRB9004076DPcwam
1 AMENDMENT TO HOUSE BILL 1002
2 AMENDMENT NO. . Amend House Bill 1002 on page 1, in
3 lines 2 and 6, by replacing "Section 39.2", each time it
4 appears, with "Section 40"; and
5 on page 1, immediately below line 6, by inserting the
6 following:
7 "(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
8 Sec. 40. Permit appeals.
9 (a)(1) If the Agency refuses to grant or grants with
10 conditions a permit under Section 39 of this Act, the
11 applicant may, within 35 days, petition for a hearing before
12 the Board to contest the decision of the Agency. However, the
13 35-day period for petitioning for a hearing may be extended
14 for a period of time not to exceed 90 days by written notice
15 provided to the Board from the applicant and the Agency
16 within the initial appeal period. The Board shall give 21 day
17 notice to any person in the county where is located the
18 facility in issue who has requested notice of enforcement
19 proceedings and to each member of the General Assembly in
20 whose legislative district that installation or property is
21 located; and shall publish that 21 day notice in a newspaper
22 of general circulation in that county. The Agency shall
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1 appear as respondent in such hearing. At such hearing the
2 rules prescribed in Section 32 and subsection (a) of Section
3 33 of this Act shall apply, and the burden of proof shall be
4 on the petitioner. If, however, the Agency issues an NPDES
5 permit that imposes limits which are based upon a criterion
6 or denies a permit based upon application of a criterion,
7 then the Agency shall have the burden of going forward with
8 the basis for the derivation of those limits or criterion
9 which were derived under the Board's rules.
10 (2) Except as provided in paragraph (a)(3), if there is
11 no final action by the Board within 120 days, petitioner may
12 deem the permit issued under this Act, provided, however,
13 that that period of 120 days shall not run for any period of
14 time, not to exceed 30 days, during which the Board is
15 without sufficient membership to constitute the quorum
16 required by subsection (a) of Section 5 of this Act, and
17 provided further that such 120 day period shall not be stayed
18 for lack of quorum beyond 30 days regardless of whether the
19 lack of quorum exists at the beginning of such 120 day period
20 or occurs during the running of such 120 day period.
21 (3) Paragraph (a)(2) shall not apply to any permit which
22 is subject to subsection (b), (d) or (e) of Section 39. If
23 there is no final action by the Board within 120 days, the
24 petitioner shall be entitled to an Appellate Court order
25 pursuant to subsection (d) of Section 41 of this Act.
26 (b) If the Agency grants a RCRA permit for a hazardous
27 waste disposal site or a permit for a solid waste disposal
28 site or waste incinerator, a third party, other than the
29 permit applicant or Agency, may petition the Board within 35
30 days for a hearing to contest the issuance of the permit.
31 Unless the Board determines that such petition is duplicitous
32 or frivolous, or that the petitioner is so located as to not
33 be affected by the permitted facility, the Board shall hear
34 the petition in accordance with the terms of subsection (a)
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1 of this Section and its procedural rules governing denial
2 appeals, such hearing to be based exclusively on the record
3 before the Agency. The burden of proof shall be on the
4 petitioner. The Agency and the permit applicant shall be
5 named co-respondents.
6 The provisions of this subsection do not apply to the
7 granting of permits issued for the disposal or utilization of
8 sludge from publicly-owned sewage works.
9 (c) Any party to an Agency proceeding conducted pursuant
10 to Section 39.3 of this Act may petition as of right to the
11 Board for review of the Agency's decision within 35 days from
12 the date of issuance of the Agency's decision, provided that
13 such appeal is not duplicitous or frivolous. However, the
14 35-day period for petitioning for a hearing may be extended
15 by the applicant for a period of time not to exceed 90 days
16 by written notice provided to the Board from the applicant
17 and the Agency within the initial appeal period. If another
18 person with standing to appeal wishes to obtain an extension,
19 there must be a written notice provided to the Board by that
20 person, the Agency, and the applicant, within the initial
21 appeal period. The decision of the Board shall be based
22 exclusively on the record compiled in the Agency proceeding.
23 In other respects the Board's review shall be conducted in
24 accordance with subsection (a) of this Section and the
25 Board's procedural rules governing permit denial appeals.
26 (d) In reviewing the denial or any condition of a permit
27 issued by the Agency pursuant to rules and regulations
28 adopted under subsection (c) of Section 9.1 of this Act, the
29 decision of the Board shall be based exclusively on the
30 record before the Agency including the record of the hearing,
31 if any, held pursuant to paragraph (f)(3) of Section 39
32 unless the parties agree to supplement the record. The Board
33 shall, if it finds the Agency is in error, make a final
34 determination as to the substantive limitations of the permit
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1 including a final determination of Lowest Achievable Emission
2 Rate or Best Available Control Technology.
3 (e) Any person who files a petition to contest the
4 issuance of a permit by the Agency shall pay a filing fee.
5 (Source: P.A. 88-690, eff. 1-24-95.)"; and
6 on page 1, by deleting lines 7 through 31; and
7 by deleting all of pages 2 through 7; and
8 on page 8, by deleting lines 1 through 15.