February 5, 2009APOLLO PLASTICS CORPORATION,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
For the reasons below, the
Board accepts Apollo’s petition for hearing.
See 415 ILCS 5/39.5(5)(j) (2006).
Under Section 39.5(5)(j)(ii), the Agency
“shall act on initial CAAPP applications within 24 months after the date of receipt of thecomplete CAAPP application.” 415 ILCS 5/39.5(5)(j)(ii) (2006).
The Act further provides that
when the Agency fails to take final action within the required time period, the permit is notdeemed issued, but rather the Agency’s failure is treated as a final permit action subject tojudicial review ...
Allowed
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