95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0346

 

Introduced 1/22/2007, 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.


LRB095 05295 CMK 25373 b

 

 

A BILL FOR

 

HB0346 LRB095 05295 CMK 25373 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing Section 41 as follows:
 
6     (415 ILCS 5/41)  (from Ch. 111 1/2, par. 1041)
7     Sec. 41. Judicial review.
8     (a) Any party to a Board hearing, any person who filed a
9 complaint on which a hearing was denied, any person who has
10 been denied a variance or permit under this Act, any party
11 adversely affected by a final order or determination of the the
12 Board, and any person who participated in the public comment
13 process under subsection (8) of Section 39.5 of this Act may
14 obtain judicial review, by filing a petition for review within
15 35 days from the date that a copy of the order or other final
16 action sought to be reviewed was served upon the party affected
17 by the order or other final Board action complained of, under
18 the provisions of the Administrative Review Law, as amended and
19 the rules adopted pursuant thereto, except that review shall be
20 afforded directly in the Appellate Court for the District in
21 which the cause of action arose and not in the Circuit Court.
22 Review of any rule or regulation promulgated by the Board shall
23 not be limited by this section but may also be had as provided

 

 

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1 in Section 29 of this Act.
2     (b) Any final order of the Board under this Act shall be
3 based solely on the evidence in the record of the particular
4 proceeding involved, and any such final order for permit
5 appeals, enforcement actions and variance proceedings, shall
6 be invalid if it is against the manifest weight of the
7 evidence. Notwithstanding this subsection, the Board may
8 include such conditions in granting a variance and may adopt
9 such rules and regulations as the policies of this Act may
10 require. If an objection is made to a variance condition, the
11 board shall reconsider the condition within not more than 75
12 days from the date of the objection.
13     (c) No challenge to the validity of a Board order shall be
14 made in any enforcement proceeding under Title XII of this Act
15 as to any issue that could have been raised in a timely
16 petition for review under this Section.
17     (d) If there is no final action by the Board within 120
18 days on a request for a variance which is subject to subsection
19 (c) of Section 38 or a permit appeal which is subject to
20 paragraph (a) (3) of Section 40 or paragraph (d) of Section
21 40.2 the petitioner shall be entitled to an Appellate Court
22 order under this subsection. If a hearing is required under
23 this Act and was not held by the Board, the Appellate Court
24 shall order the Board to conduct such a hearing, and to make a
25 decision within 90 days from the date of the order. If a
26 hearing was held by the Board, or if a hearing is not required

 

 

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1 under this Act and was not held by the Board, the Appellate
2 Court shall order the Board to make a decision within 90 days
3 from the date of the order.
4     The Appellate Court shall retain jurisdiction during the
5 pendency of any further action conducted by the Board under an
6 order by the Appellate Court. The Appellate Court shall have
7 jurisdiction to review all issues of law and fact presented
8 upon appeal.
9 (Source: P.A. 87-1213; 88-1; 88-464; 88-670, eff. 12-2-94.)