97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3769

 

Introduced 2/10/2012, by Sen. Gary Forby

 

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 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.


LRB097 13876 CEL 58446 b

 

 

A BILL FOR

 

SB3769LRB097 13876 CEL 58446 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 on the permit application. The Department
5shall hold a hearing within 30 days after this request unless a
6prehearing conference is requested and notify all interested
7parties at the time that the applicant is notified. The notice
8shall be published in a newspaper of general circulation
9published in each county in which any part of the area of the
10affected land is located. The notice shall appear no more than
1114 days nor less than 7 days prior to the date of the hearing.
12The notice shall be no less than one eighth page in size, and
13the smallest type used shall be twelve point and shall be
14enclosed in a black border no less than 1/4 inch wide. The
15notice shall not be placed in that portion of the newspaper
16where legal notices and classified advertisements appear. The
17hearing shall be of record and adjudicatory in nature. No
18person who presided at a public comment hearing under Section
192.04 shall either preside at the hearing or participate in the
20decision on the hearing. Within 30 days after the hearing, the
21hearing officer Department shall issue, and furnish the
22applicant, local government officials in the area of the
23affected land, and all persons who participated in the hearing,
24the hearing officer's its written decision granting or denying
25the permit in whole or in part and stating the reasons for the
26its decision, which shall constitute the final administrative

 

 

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1decision on the permit. No party to a formal adjudicatory
2hearing under this subsection may seek judicial review of the
3Department's final decision on the permit application until
4after the issuance of the hearing officer's written decision
5granting 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
9Section, the Department may, under such conditions as it may
10prescribe, grant such temporary relief as it deems appropriate
11pending final determination of the proceedings if all parties
12to the proceedings have been notified and given an opportunity
13to be heard on a request for temporary relief, the person
14requesting such relief shows that there is a substantial
15likelihood that he will prevail on the merits of the final
16determination of the proceeding, and such relief will not
17adversely affect the public health or safety or cause
18significant imminent environmental harm to land, air, or water
19resources.
20    (f) If final action on an application does not occur within
21the times prescribed in subsections (a) or (b) of this Section,
22whichever applies, the applicant may deem the application
23denied, and such denial shall constitute final action. The
24applicant may waive these time limits.
25    (g) For the purpose of hearings under this Section, the
26Department may administer oaths, subpoena witnesses or written

 

 

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1or printed materials, compel attendance of the witnesses or
2production of the materials, and take evidence including but
3not limited to site inspections of the land to be affected and
4other mining operations carried on by the applicant in the
5general vicinity of the proposed operation. A verbatim record
6of each hearing under this Section shall be made, and a
7transcript shall be made available on the motion of any party
8or 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
11becoming law.