Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 104 - REGULATORY RELIEF MECHANISMS
Subpart B - VARIANCES
Section 104.210 - Petition for Extension of Variance
Current through Register Vol. 48, No. 38, September 20, 2024
a) A variance may be extended from year to year by affirmative action of the Board, but only if satisfactory progress has been shown by the petitioner. [ 415 ILCS 5/36(b)]
b) A petition to extend a variance is considered a new petition for variance before the Board, and must be filed in accordance with this Subpart and 35 Ill. Adm. Code 101. Subpart C, including payment of the filing fee under Section 104.202(b) and 35 Ill. Adm. Code 101.302(e)(2).
c) If the petitioner desires to have the term of the variance extension be sequential with the term of the prior variance, the petition to extend the variance must be filed with the Board no later than 120 days prior to the termination of the variance, unless the petitioner can demonstrate that the petition for variance extension was filed as soon as practicable after the petitioner learned that it could not meet the compliance time frame under the existing variance.
d) In addition to the requirements of this Subpart, the petition for extension of variance must contain: