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| Public Act 097-0934 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Surface Coal Mining Land Conservation and | ||||
Reclamation Act is amended by changing Section 2.11 as follows:
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(225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
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Sec. 2.11. Procedures for Approval.
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(a) If a hearing has been held under Section 2.04, the | ||||
Department shall
within 60 days after the last such hearing | ||||
make its decision on the application
and shall promptly furnish | ||||
the applicant, local government officials in the
area of the | ||||
affected land, and persons who are parties to the | ||||
administrative
proceedings, with the written findings of the | ||||
Department and stating the
specific reasons for its decision.
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(b) If no hearing has been held under Section 2.04, the | ||||
Department shall
make its decision on the application within | ||||
120 days after receipt by the
Department of a complete | ||||
application and shall promptly notify the applicant,
local | ||||
government officials in the area of the affected land, and | ||||
persons
who have submitted written comments on the application | ||||
of the Department's
decision with the written findings of the | ||||
Department and stating the
specific reasons for its decision.
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(c) Within 30 days after the applicant is notified of the | ||||
final decision
of the Department on the permit application, the | ||
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. The Department shall hold a hearing
within | ||
30 days after this request and notify all interested parties at | ||
the time
that the applicant is notified. The notice shall be | ||
published in a newspaper of
general circulation published in | ||
each county in which any part of the area of
the affected land | ||
is located. The notice shall appear no more than 14 days nor
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less than 7 days prior to the date of the hearing. The notice | ||
shall be no less
than one eighth page in size, and the smallest | ||
type used shall be twelve point
and shall be enclosed in a | ||
black border no less than 1/4 inch wide. The notice
shall not | ||
be placed in that portion of the newspaper where legal notices | ||
and
classified advertisements appear. The hearing shall be of | ||
record
and adjudicatory in nature. No person who presided at a | ||
hearing under Section
2.04 shall either preside at the hearing | ||
or participate in the decision on
the hearing. Once a hearing | ||
has started, the hearing officer may issue interim orders | ||
allowing the Department or the applicant to correct or alter | ||
the permit or application. Within 30 days after the hearing, | ||
the Department shall issue,
and furnish the applicant, local | ||
government officials in the area of the
affected land, and all | ||
persons who participated in the hearing, its written
decision | ||
granting or denying the permit in whole or in part and stating
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the reasons for its decision. No party to a formal adjudicatory | ||
hearing under
this subsection 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 | ||
granting or denying the permit.
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(d) If the application is approved under either subsection | ||
(a) or (b)
of this Section, the permit shall be issued.
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(e) If a hearing is requested under subsection (c) of this | ||
Section, the
Department may, under such conditions as it may | ||
prescribe, grant such temporary
relief as it deems appropriate | ||
pending final determination of the proceedings
if all parties | ||
to the proceedings have been notified and given an opportunity
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to be heard on a request for temporary relief, the person | ||
requesting such
relief shows that there is a substantial | ||
likelihood that he will prevail
on the merits of the final | ||
determination of the proceeding, and such relief
will not | ||
adversely affect the public health or safety or cause | ||
significant
imminent environmental harm to land, air, or water | ||
resources.
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(f) If final action on an application does not occur within | ||
the times
prescribed in subsections (a) or (b) of this Section, | ||
whichever applies,
the applicant may deem the application | ||
denied, and such denial shall constitute
final action. The | ||
applicant may waive these time limits.
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(g) For the purpose of hearings under this Section, the | ||
Department may
administer oaths, subpoena witnesses or written | ||
or printed materials, compel
attendance of the witnesses or | ||
production of the materials, and take evidence
including but | ||
not limited to site inspections of the land to be affected
and | ||
other mining operations carried on by the applicant in the | ||
general vicinity
of the proposed operation. A verbatim record | ||
of each hearing under this
Section shall be made, and a | ||
transcript shall be made available on the
motion of any party | ||
or by order of the Department.
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(Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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