Laserfiche WebLink
a <br />aT_1 <br />Page 40 <br />Section 1.06 <br />(2) The petition shall be a concise statement of the facts, technical <br />justification and law which require issuance, amendment or repeal of a <br />Rule under the Act and shall indicate whether the petitioner desires a <br />public hearing. <br />(3) Upon receipt of the petition, the Board shall determine if the petition <br />sets forth facts, technical justification and law which may provide a <br />reasonable basis for issuance, amendment or repeal of the Rules. <br />Amendment, repeal or of the Federal Surface Mining Control <br />and Reclamation Act (P.L. 45 -87) or regulations promulgated thereto <br />shall be considered to provide a reasonable basis. The - Board shall <br />conduct an investigation or take other action to determine whether the <br />petition shall be granted and may hold a hearing if appropriate. If the <br />Board determines that the petition has a reasonable basis, a notice shall <br />be published in the newspaper of the largest circulation for the State and <br />the monthly mailing list seeking . comments from the public on the <br />proposed change. <br />(4) Within 90 days from receipt of the petition, the Board shall issue a <br />Written decision either granting or denying the petition. The Board's <br />decision shall constitute the final decision. <br />(a) If the petition is granted, the Board shall initiate a rulemaking <br />proceeding. <br />(b) If the petition is denied, the Board shall notify the petitioner in <br />writing, setting forth the reasons for denial. <br />135 <br />1.07 NOTICE - OF "CITIZEN SUITS <br />(1) Any person having an interest -which is or may be adversely affected <br />may camrnence a civil action on his or her own behalf to 'compel <br />compliance with the provisions of these Rules and the Act according to <br />the provisions set forth in Section 34 -33 =135 of the Act. <br />135(2)(a), (b) (2) A person who intends to initiate a civil action on his or her own behalf <br />shall give notice of °'intent to do so, in accordance with 1.07. <br />(3) Notice shall be given by certified mail, to the Administrator and <br />• Attorney General. <br />;1 <br />V' . <br />��1�v ��1�' nA <br />