Bill Text: IL SB2657 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. Makes a change to the filing requirements for a person seeking a variance. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0822 [SB2657 Detail]

Download: Illinois-2013-SB2657-Introduced.html

State of Illinois
2013 and 2014

Introduced 1/21/2014, by Sen. William R. Haine

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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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.