415 ILCS 5/ Environmental Protection Act.

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415 ILCS 5/35

(415 ILCS 5/35) (from Ch. 111 1/2, par. 1035)

Sec. 35.

Variances; general provisions.

To the extent consistent with applicable provisions of the
Federal Water Pollution Control Act, as now or hereafter amended, the Federal
Safe Drinking Water Act (P.L. 93-523), as now or hereafter amended, the Clean
Air Act as amended in 1977 (P.L. 95-95), and regulations pursuant thereto, and
to the extent consistent with applicable provisions of the Federal Resource
Conservation and Recovery Act of 1976 (P.L. 94-580), and regulations pursuant
thereto:

(a) The Board may grant individual
variances beyond the limitations prescribed in this Act, whenever it
is found, upon presentation of adequate proof, that compliance with any
rule or regulation, requirement or order of the Board would impose an
arbitrary or unreasonable hardship.  However, the Board is not required to
find that an arbitrary or unreasonable hardship exists exclusively because
the regulatory standard is under review and the costs of compliance are
substantial and certain.  In granting or denying a variance the Board shall
file and publish a written opinion stating the facts and reasons leading to
its decision.

(b) The Agency shall grant provisional variances whenever
it is found, upon presentation of adequate proof, that compliance on a short
term basis with any rule or
regulation, requirement or order of the Board, or with any permit
requirement, would impose an arbitrary or unreasonable hardship.

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

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.)