Bill Text: IL SB3282 | 2011-2012 | 97th General Assembly | Engrossed


Bill Title: Amends the Environmental Protection Act. Requires the Environmental Protection Agency to provide each applicant who has sought expedited permit review with an invoice setting forth the total fee paid for the expedited review, as well as the number of overtime hours that were expended by Agency staff to conduct the expedited review. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3282 Detail]

Download: Illinois-2011-SB3282-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Section 39.14 as follows:
6 (415 ILCS 5/39.14)
7 Sec. 39.14. Expedited review of permits.
8 (a) It is the intent of this Section to promote an
9expedited permit review process for any permit required under
10this Act.
11 (b) Any applicant for a permit under this Act may request
12in writing from the Agency an expedited review of the
13application for a permit. Within a reasonable time, the Agency
14shall respond in writing, indicating whether the Agency will
15perform an expedited review.
16 (c) In addition to any other fees required by this Act or
17Board regulations, an applicant requesting expedited review
18under this Section shall pay to the Agency an expedited permit
19fee. The amount of the expedited permit fee shall be 4 times
20the standard permit fee required for the requested permit under
21this Act or Board regulations; provided that the expedited
22permit fee shall not exceed $100,000. For recurring permit
23fees, such as annual fees, operating fees, or discharge fees,

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1the expedited permit fee shall be 4 times the amount of the
2recurring fee on a one-time basis for each expedited permitting
3action. If an owner or operator is not required to pay a
4standard permit fee for the requested permit, the amount of the
5expedited permit fee shall be mutually agreed upon by the
6Agency and the applicant. Prior to any Agency review, the
7applicant shall make full payment of the expedited permit fee
8to the Agency. All amounts paid to the Agency pursuant to this
9Section shall be deposited into the Environmental Protection
10Permit and Inspection Fund. The applicant shall also pay all
11standard permit fees in accordance with the applicable fee
12provisions of this Act or Board regulations.
13 (d) The Agency's expedited review under this Section shall
14include the usual and customary review by the Agency as
15necessary for processing any similar application.
16 (e) "Expedited review" means, for the purposes of this
17Section, the Agency taking action on a permit application
18within a period of time mutually agreed upon by the Agency and
19the applicant; provided, however, that the agreed-upon period
20of time shall be tolled during any times the Agency is waiting
21for the applicant or another party to provide information
22necessary for the Agency to complete its expedited review.
23 (f) If the Agency fails to complete an expedited review
24within the period of time agreed upon by the Agency and the
25applicant, taking into account the tolling provided under
26subsection (e) of this Section, the applicant shall be entitled

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1to a refund of the expedited permit fee paid under this
2Section, on a prorated basis, as mutually agreed upon by the
3Agency and the applicant.
4 (g) This Section shall not apply to applications related to
5emergency events necessitating immediate action by the Agency
6on permit applications.
7 (h) The Agency may adopt rules for the implementation of
8this Section.
9 (i) Upon the Agency taking action on a permit application
10pursuant to this Section, the Agency shall provide the
11applicant with an invoice setting forth the total fee paid
12pursuant to this Section, as well as the number of overtime
13hours that were expended by Agency staff in the expedited
14review.
15(Source: P.A. 97-95, eff. 7-12-11.)
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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