94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0548


 
Introduced 1/27/2005, by Rep. Thomas Holbrook
 
SYNOPSIS AS INTRODUCED:
 		













415 ILCS 5/41
  from Ch. 111 1/2, par. 1041







    Amends the Environmental Protection Act.  Makes a technical change to a
Section
concerning judicial review.
















LRB094 05994 RSP 36051 b

















 


 


A BILL FOR









 











HB0548

LRB094 05994 RSP 36051 b






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    AN ACT concerning safety.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Environmental Protection Act is amended by 
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changing Section 41 as follows:
 



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    (415 ILCS 5/41)  (from Ch. 111 1/2, par. 1041)



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    Sec. 41. Judicial review. 

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    (a) Any party to a Board hearing, any person who filed a 
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complaint on which
a hearing was denied, any person who has 
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been denied a variance or permit under
this Act, any party 
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adversely affected by a final order or determination of the
the

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Board, and any person who participated in the public comment 
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process under
subsection (8) of Section 39.5 of this Act may 
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obtain judicial review, by
filing a petition for review within 
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35 days from the date that a copy of the
order or other final 
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action sought to be reviewed was served upon the party
affected 
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by the order or other final Board action complained of, under 
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the
provisions of the Administrative Review Law, as amended and 
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the rules adopted
pursuant thereto, except that review shall be 
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afforded directly in the
Appellate Court for the District in 
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which the cause of action arose and not in
the Circuit Court. 
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Review of any rule or regulation promulgated by the Board
shall 
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not be limited by this section but may also be had as provided 
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in Section
29 of this Act.
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    (b) Any final order of the Board under this Act shall be 
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based solely
on the evidence in the record of the particular 
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proceeding involved, and
any such final order for permit 
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appeals, enforcement actions and variance
proceedings, shall 
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be invalid if it is against the manifest weight of the

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evidence.  Notwithstanding this subsection, the Board may 
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include such
conditions in granting a variance and may adopt 
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such rules and regulations
as the policies of this Act may 
 


 






HB0548
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LRB094 05994 RSP 36051 b




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require.  If an objection is made to a
variance condition, the 
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board shall reconsider the condition within not
more than 75 
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days from the date of the objection.

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    (c) No challenge to the validity of a Board order shall be 
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made in any
enforcement proceeding under Title XII of this Act 
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as to any issue that
could have been raised in a timely 
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petition for review under this Section.

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    (d) If there is no final action by the Board within 120 
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days on a request
for a variance which is subject to subsection 
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(c) of Section 38 or a permit
appeal which is subject to 
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paragraph (a) (3) of Section 40 or paragraph
(d) of Section 
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40.2 the petitioner shall be entitled to an Appellate Court

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order under this subsection. If a hearing is required under 
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this Act and was
not held by the Board, the Appellate Court 
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shall order the Board to conduct
such a hearing, and to make a 
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decision within 90 days from the date of the
order.  If a 
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hearing was held by the Board, or if a hearing is not required

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under this Act and was not held by the Board, the Appellate 
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Court shall order
the Board to make a decision within 90 days 
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from the date of the order.

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    The Appellate Court shall retain jurisdiction during the 
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pendency of any
further action conducted by the Board under an 
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order by the Appellate Court.
The Appellate Court shall have 
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jurisdiction to review all issues of law and
fact presented 
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upon appeal.

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(Source: P.A. 87-1213; 88-1; 88-464; 88-670, eff. 12-2-94.)