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415 ILCS 5/36

(415 ILCS 5/36) (from Ch. 111 1/2, par. 1036)

Sec. 36.

Variances and provisional variances.

(a) In granting a variance the Board may impose such
conditions as the policies of this Act may require.  If the hardship
complained of consists solely of the need for a reasonable delay in
which to correct a violation of this Act or of the Board regulations,
the Board shall condition the grant of such variance upon the posting of
sufficient performance bond or other security to assure the completion
of the work covered by the variance.  The Board shall have no authority
to delegate to the Agency its powers to require such performance bond.
The original amount of such performance bond shall not exceed the
reasonable cost of the work to be completed pursuant to the variance.
The obligation under such bond shall at no time exceed the reasonable
cost of work remaining pursuant to the variance.

(b) Except as provided by Section 38 of this Act, any variance
granted pursuant to the provisions of this Section shall be granted for
such period of time, not exceeding five years, as shall be specified by
the Board at the time of the grant of such variance, and upon the
condition that the person who receives such variance shall make such
periodic progress reports as the Board shall specify.  Such variance may
be extended from year to year by affirmative action of the Board, but
only if satisfactory progress has been shown.

(c) Any provisional variance granted by the Agency pursuant
to subsection (b) of Section 35 shall be for a period of time not to exceed
45 days.  A provisional variance may be extended up to an additional 45 days by written decision of the Agency.
The provisional variances granted to any one person shall not exceed a total
of 90 days during any calendar year.

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

415 ILCS 5/37

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

Sec. 37. Variances; procedures.

(a) Any person seeking a variance pursuant to subsection
(a) of Section 35 shall do so by filing a petition for variance with the
Board and providing a copy of the petition to the Agency.  Any person filing such a petition shall (i) pay a
filing fee, (ii) promptly give written notice of such
petition to any person in the county in which the installation or property
for which variance is sought is located who has filed with the Board a written request for notice
of variance petitions, the State's attorney of such county, the Chairman of
the County Board of such county, and to each member of the General Assembly
from the legislative district in which that installation or property is
located, and (iii) publish a single notice of such petition in a newspaper
of general circulation in such county.  The notices required by this Section
shall be in a format prescribed by the Board and shall include the street address, and if there is no street address then
the legal description or the location with reference to any well known
landmark, highway, road, thoroughfare or intersection.

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

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

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

(Source: P.A. 98-822, eff. 8-1-14.)