415 ILCS 5/40.2
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title X - Permits

 (from Ch. 111 1/2, par. 1040.2)Sec. 40.2. Application of review process.(a) Subsection (a) of Section 40 does not apply to any permit which is  subject to Section 39.5.  If the Agency refuses to grant or grants with  conditions a CAAPP permit, makes a determination of incompleteness regarding a  submitted CAAPP application, or fails to act on an application for a CAAPP  permit, permit renewal, or permit revision within the time specified in  paragraph 5(j) of Section 39.5 of this Act, the applicant, any person who  participated in the public comment process pursuant to subsection 8 of Section  39.5 of this Act, or any other person who could obtain judicial review pursuant  to Section 41(a) of this Act, may,  within 35 days after final permit action, petition for a hearing before the  Board to contest the decision of the Agency.  However, the 35-day period for  petitioning for a hearing may be extended by the applicant for an  additional period of time not to exceed 90 days by written notice  provided to the Board from the applicant and the Agency within the  initial appeal period.  If another person with standing to appeal wishes to  obtain an extension, there must be a written notice provided to the Board by  that person, the Agency, and the applicant, within the initial appeal period.  Notwithstanding the preceding requirements, petitions for a  hearing before the Board under this subsection may be filed after the 35-day  period, only if such petitions are based solely on grounds arising after the  35-day period expires.  Such petitions shall be filed within 35 days after the  new grounds for review arise.  If the final permit action being challenged is  the Agency's failure to take final action, a petition for a hearing before the  Board shall be filed before the Agency denies or issues the final permit.The Agency shall appear as respondent in such hearing.  At such hearing the  rules prescribed in Sections 32 and 33(a) of this Act shall apply, and the  burden of proof shall be on the petitioner.(b) The Agency's failure to take final action within 90 days of receipt of  an application requesting minor permit modification procedures (or 180 days for  modifications subject to group processing requirements), pursuant to subsection  14 of Section 39.5, will be subject to this Section and Section 41 of this Act.(c) If there is no final action by the Board within 120 days after the  date on which it received the petition, the permit shall not be deemed  issued; rather, the petitioner shall be entitled to an Appellate Court order  pursuant to Section 41(d) of this Act.  The period of 120 days shall not  run for any period of time, not to exceed 30 days, during which the Board is  without sufficient membership to constitute the quorum required by subsection  (a) of Section 5 of this Act; the 120 day period shall not be stayed for  lack of quorum beyond 30 days, regardless of whether the lack of quorum exists  at the beginning of the 120 day period or occurs during the running of the  120 day period.(d) Any person who files a petition to contest the final permit action by  the Agency under this Section shall pay a filing fee.(e) The Agency shall notify USEPA, in writing, of any petition for hearing  brought under this Section involving a provision or denial of a Phase II acid  rain permit within 30 days of the filing of the petition. USEPA may intervene  as a matter of right in any such hearing. The Agency shall notify USEPA, in  writing, of any determination or order in a hearing brought under this Section  that interprets, voids, or otherwise relates to any portion of a Phase II acid  rain permit.(f) If requested by the applicant, the Board may stay the effectiveness of any final Agency action identified in subsection (a) of this Section during the pendency of the review process. If requested by the applicant, the Board shall stay the effectiveness of all the contested conditions of a CAAPP permit. The Board may stay the effectiveness of any or all uncontested conditions if the Board determines that the uncontested conditions would be affected by its review of contested conditions. If the Board stays any, but not all, conditions, then the applicant shall continue to operate in accordance with any related terms and conditions of any other applicable permits until final Board action in the review process. If the Board stays all conditions, then the applicant shall continue to operate in accordance with all related terms and conditions of any other applicable permits until final Board action in the review process. Any stays granted by the Board  shall be deemed effective upon the date of final Agency action appealed by the applicant under this subsection (f). Subsection (b) of Section 10-65 of the  Illinois Administrative Procedure Act shall not apply to actions under this subsection.(Source: P.A. 96-934, eff. 6-21-10.)