Section 104.212 Motion for Modification of Internal Variance Compliance Dates

a)         The petitioner may request, by written motion modification of internal dates within a compliance schedule of an existing variance, so long as the modification does not extend the length of the existing variance period.  The written motion will not be considered to be an extension of the prior variance.  The motion must be filed under the docket number of the existing variance, and must be filed with the Clerk and served upon the Agency, and any joined parties under 35 Ill. Adm. Code 101.Subpart D.  The Agency must, and any joined parties may, file a response to that motion.  Any response must be filed within 14 days after receipt of the motion.

b)         A motion for modification that would extend the length of the existing variance period constitutes a Petition for Extension of Variance and must be filed in accordance with Section 104.210.

(Source:  Amended at 41 Ill. Reg. 10049, effective July 5, 2017)