TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 180 PROCEDURES AND CRITERIA FOR REVIEWING APPLICATIONS FOR PROVISIONAL VARIANCES
SECTION 180.302 FINAL AGENCY ACTION
Section 180.302 Final Agency Action
a) Within 30 days after receipt of an application for a provisional variance or for an extension of a provisional variance, the Agency shall either grant or deny the provisional variance. If the Agency fails to take final action within 30 days, or if the Agency denies the request, the person may initiate a proceeding with the Board under Section 35(a) of the Act. [415 ILCS 5/37(b)] If the Agency denies the provisional variance for incompleteness, the person may submit a complete application, which will initiate the review process again.
b) If the Agency denies the provisional variance, notice of that denial shall be given to the person by certified mail, return receipt requested. The notice of denial shall include an explanation of the Agency's decision.
c) If the Agency grants the provisional variance, the Agency shall
promptly provide a copy of its written decision to the Board, and shall give prompt notice of its action to the public by issuing a press release for distribution to newspapers of general circulation in the county. The Board shall maintain for public inspection copies of all provisional variances provided by the Agency. [415 ILCS 5/37(b)]
(Source: Amended at 35 Ill. Reg. 6161, effective March 22, 2011)