Full Text of SB2657 98th General Assembly
SB2657 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2657 Introduced 1/21/2014, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/37 | from Ch. 111 1/2, par. 1037 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing 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 | 10 | | with the
Board and providing a copy of the petition to the | 11 | | Agency. Any person filing such a petition shall (i) pay a
| 12 | | filing fee , (ii) . The Agency shall promptly give written notice | 13 | | of such
petition to any person in the county in which the | 14 | | installation or property
for which variance is sought is | 15 | | located who has filed with the Board a written request for in | 16 | | writing requested notice
of variance petitions, the State's | 17 | | attorney of such county, the Chairman of
the County Board of | 18 | | such county, and to each member of the General Assembly
from | 19 | | the legislative district in which that installation or property | 20 | | is
located, and (iii) shall publish a single notice of such | 21 | | petition in a newspaper
of general circulation in such county. | 22 | | The notices required by this Section
shall be in a format | 23 | | prescribed by the Board and shall include the street address, |
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| 1 | | and if there is no street address then
the legal description or | 2 | | the location with reference to any well known
landmark, | 3 | | highway, road, thoroughfare or intersection.
| 4 | | The Agency shall promptly investigate such petition and | 5 | | consider the views
of persons who might be adversely affected | 6 | | by the grant of a variance.
The Agency shall make a | 7 | | recommendation to the Board as to the
disposition of the | 8 | | petition. If the Board, in its discretion, concludes
that a | 9 | | hearing would be advisable, or if the Agency or any other | 10 | | person
files a written objection to the grant of such variance | 11 | | within 21 days,
together with a written request for hearing, | 12 | | then a hearing shall be
held, under the rules prescribed in | 13 | | Sections 32 and 33 (a) of this Act,
and the burden of proof | 14 | | shall be on the petitioner.
| 15 | | (b) Any person seeking a provisional variance pursuant to | 16 | | subsection
(b) of Section 35 shall make a request to the | 17 | | Agency. The Agency shall
promptly investigate and consider the | 18 | | merits of the request.
If the Agency fails to take final action | 19 | | within 30 days after receipt of
the request for a provisional | 20 | | variance, or if the Agency denies the
request, the person may | 21 | | initiate a proceeding with the Board under
subsection (a) of | 22 | | Section 35.
| 23 | | If the Agency grants a provisional variance, the Agency | 24 | | must promptly
file a copy of its written decision with the | 25 | | Board, and shall
give prompt notice of its action to the public | 26 | | by issuing a press release for
distribution to newspapers of |
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| 1 | | general circulation in the county. The Board
must maintain for | 2 | | public inspection copies of all provisional variances filed
| 3 | | with it by the Agency.
| 4 | | (Source: P.A. 93-152, eff. 7-10-03.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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