Illinois Administrative Code (Last Updated: March 27, 2024) |
TITLE35. ENVIRONMENTAL PROTECTION |
PART105. APPEALS OF FINAL DECISIONS OF STATE AGENCIES |
SUBPARTF. PSD PERMIT APPEALS |
§105.604. Who May File a Petition for Review
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a) If the Agency refused to grant or grants with conditions a PSD permit under Section 9.1(d) of the Act and 35 Ill. Adm. Code Part 204, the applicant may petition for a hearing before the Board to contest the decision of the Agency. [415 ILCS 5/40.3(a)(1)]
b) If the Agency fails to act on an application for a PSD permit within the time frame specified in Section 39(f)(3) of the Act, the applicant may petition for a hearing before the Board to compel the Agency to act on the application in a time that is deemed reasonable by the Board. [415 ILCS 5/40.3(a)(1)]
c) Any person who participated in the Agency public comment process for a PSD permit and is either aggrieved or has an interest that is or may be adversely affected by the PSD permit may petition for a hearing before the Board to contest the decision of the Agency. If the petitioner failed to participate in the Agency's public comment process, the person may still petition for a hearing, but only upon issues where the final permit conditions reflect changes from the proposed draft permit that was made available during the Agency public comment process. [415 ILCS 5/40.3(a)(2)]
(Source: Added at 44 Ill. Reg. 14897, effective September 4, 2020)