98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2657
 
Introduced 1/21/2014, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 

 



415 ILCS 5/37  from Ch. 111 1/2, par. 1037

     Amends the Environmental Protection Act. Makes a change to the filing requirements for a person seeking a variance. Effective immediately.
  


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A BILL FOR
 

  
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1    AN ACT concerning safety.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Environmental Protection Act is amended  by 
5changing Section 37 as follows:
 



6    (415 ILCS 5/37)  (from Ch. 111 1/2, par. 1037)



7    Sec. 37. Variances; procedures. 

8    (a) Any person seeking a variance pursuant to subsection

9(a) of Section 35 shall do so by filing a petition for variance 
10with the
Board and providing a copy of the petition to the 
11Agency.  Any person filing such a petition shall (i) pay a

12filing fee, (ii) .  The Agency shall promptly give written notice 
13of such
petition to any person in the county in which the 
14installation or property
for which variance is sought is 
15located who has filed with the Board a written request for in 
16writing requested notice
of variance petitions, the State's 
17attorney of such county, the Chairman of
the County Board of 
18such county, and to each member of the General Assembly
from 
19the legislative district in which that installation or property 
20is
located, and (iii) shall publish a single notice of such 
21petition in a newspaper
of general circulation in such county.  
22The notices required by this Section
shall be in a format 
23prescribed by the Board and shall include the street address, 
 
 
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1and if there is no street address then
the legal description or 
2the location with reference to any well known
landmark, 
3highway, road, thoroughfare or intersection.

4    The Agency shall promptly investigate such petition and 
5consider the views
of persons who might be adversely affected 
6by the grant of a variance.
The Agency shall make a 
7recommendation to the Board as to the
disposition of the 
8petition.  If the Board, in its discretion, concludes
that a 
9hearing would be advisable, or if the Agency or any other 
10person
files a written objection to the grant of such variance 
11within 21 days,
together with a written request for hearing, 
12then a hearing shall be
held, under the rules prescribed in 
13Sections 32 and 33 (a) of this Act,
and the burden of proof 
14shall be on the petitioner.

15    (b) Any person seeking a provisional variance pursuant to 
16subsection
(b) of Section 35 shall make a request to the 
17Agency.  The Agency shall
promptly investigate and consider the 
18merits of the request.
If the Agency fails to take final action 
19within 30 days after receipt of
the request for a provisional 
20variance, or if the Agency denies the
request, the person may 
21initiate a proceeding with the Board under
subsection (a) of 
22Section 35.

23    If the Agency grants a  provisional variance, the Agency 
24must promptly
file a copy of its written decision with the 
25Board, and shall
give prompt notice of its action to the public 
26by issuing a press release for
distribution to newspapers of 
 
 
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1general circulation in the county.  The Board
must maintain for 
2public inspection copies of all provisional variances filed

3with it by the Agency.

4(Source: P.A. 93-152, eff. 7-10-03.)

 
 
5    Section 99. Effective date. This Act takes effect upon 
6becoming law.