97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4697

 

Introduced 2/3/2012, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 720/2.11  from Ch. 96 1/2, par. 7902.11

    Amends the Surface Coal Mining Land Conservation and Reclamation Act. Provides that the Department of Natural Resources shall issue its written decision modifying, granting, or denying (now, granting or denying) a permit in whole or in part and state the reasons for the Department's decision. Provides that no party to a formal adjudicatory hearing may seek judicial review of the Department's final decision on the permit application until after the issuance of the hearing officer's written decision modifying, granting, or denying (now, granting or denying) the permit.


LRB097 19396 CEL 64649 b

 

 

A BILL FOR

 

HB4697LRB097 19396 CEL 64649 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Surface Coal Mining Land Conservation and
5Reclamation 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
9Department shall within 60 days after the last such hearing
10make its decision on the application and shall promptly furnish
11the applicant, local government officials in the area of the
12affected land, and persons who are parties to the
13administrative proceedings, with the written findings of the
14Department and stating the specific reasons for its decision.
15    (b) If no hearing has been held under Section 2.04, the
16Department shall make its decision on the application within
17120 days after receipt by the Department of a complete
18application and shall promptly notify the applicant, local
19government officials in the area of the affected land, and
20persons who have submitted written comments on the application
21of the Department's decision with the written findings of the
22Department and stating the specific reasons for its decision.
23    (c) Within 30 days after the applicant is notified of the

 

 

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1final decision of the Department on the permit application, the
2applicant or any person with an interest that is or may be
3adversely affected may request a hearing on the reasons for the
4final determination. The Department shall hold a hearing within
530 days after this request and notify all interested parties at
6the time that the applicant is notified. The notice shall be
7published in a newspaper of general circulation published in
8each county in which any part of the area of the affected land
9is located. The notice shall appear no more than 14 days nor
10less than 7 days prior to the date of the hearing. The notice
11shall be no less than one eighth page in size, and the smallest
12type used shall be twelve point and shall be enclosed in a
13black border no less than 1/4 inch wide. The notice shall not
14be placed in that portion of the newspaper where legal notices
15and classified advertisements appear. The hearing shall be of
16record and adjudicatory in nature. No person who presided at a
17hearing under Section 2.04 shall either preside at the hearing
18or participate in the decision on the hearing. Within 30 days
19after the hearing, the Department shall issue, and furnish the
20applicant, local government officials in the area of the
21affected land, and all persons who participated in the hearing,
22its written decision modifying, granting, or denying the permit
23in whole or in part and stating the reasons for its decision.
24No party to a formal adjudicatory hearing under this subsection
25may seek judicial review of the Department's final decision on
26the permit application until after the issuance of the hearing

 

 

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1officer's written decision modifying, granting, or denying the
2permit.
3    (d) If the application is approved under either subsection
4(a) or (b) of this Section, the permit shall be issued.
5    (e) If a hearing is requested under subsection (c) of this
6Section, the Department may, under such conditions as it may
7prescribe, grant such temporary relief as it deems appropriate
8pending final determination of the proceedings if all parties
9to the proceedings have been notified and given an opportunity
10to be heard on a request for temporary relief, the person
11requesting such relief shows that there is a substantial
12likelihood that he will prevail on the merits of the final
13determination of the proceeding, and such relief will not
14adversely affect the public health or safety or cause
15significant imminent environmental harm to land, air, or water
16resources.
17    (f) If final action on an application does not occur within
18the times prescribed in subsections (a) or (b) of this Section,
19whichever applies, the applicant may deem the application
20denied, and such denial shall constitute final action. The
21applicant may waive these time limits.
22    (g) For the purpose of hearings under this Section, the
23Department may administer oaths, subpoena witnesses or written
24or printed materials, compel attendance of the witnesses or
25production of the materials, and take evidence including but
26not limited to site inspections of the land to be affected and

 

 

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1other mining operations carried on by the applicant in the
2general vicinity of the proposed operation. A verbatim record
3of each hearing under this Section shall be made, and a
4transcript shall be made available on the motion of any party
5or by order of the Department.
6(Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)