415 ILCS 5/40.1
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title X - Permits

 (from Ch. 111 1/2, par. 1040.1)Sec. 40.1.     Appeal of siting approval.(a) If the county board or the governing body of the municipality,  as determined by paragraph (c) of Section 39 of this Act, refuses to grant  or grants with conditions approval under Section 39.2 of this Act, the  applicant may, within 35 days after the date on which the local siting  authority disapproved or conditionally approved siting, petition for a  hearing before the Board to contest the decision of the county  board or the governing body of the municipality.  The Board shall publish  21 day notice of the hearing on the appeal in a newspaper of general  circulation published in that county.  The county board or governing  body of the municipality shall appear as respondent in such hearing, and  such hearing shall be based exclusively on the record before the county  board or the governing body of the municipality.  At such hearing the rules  prescribed in Sections 32 and 33 (a) of this Act shall apply, and the burden  of proof shall be on the petitioner; however, no new or additional evidence  in support of or in opposition to any finding, order, determination or decision  of the appropriate county board or governing body of the municipality shall  be heard by the Board.  In making its orders and determinations under this  Section the Board shall include in its consideration the written decision  and reasons for the decision of the county board or the governing body of  the municipality, the transcribed record of the hearing held pursuant to  subsection (d) of Section 39.2, and the fundamental fairness of the  procedures used by the county board or the governing body of the  municipality in reaching its decision.  The Board shall transmit a copy of  its decision to the office of the county board or governing body of the  municipality where it shall be available for public inspection and copied  upon payment of the actual cost of reproduction.  If there is no final  action by the Board within 120 days after the date on which it received  the petition, the petitioner may deem the site location approved;  provided, however, that that period of 120 days shall not run for  any period of time, not to exceed 30 days, during which the Board is  without sufficient membership to constitute the quorum required by  subsection (a) of Section 5 of this Act, and provided further, that such  120 day period shall not be stayed for lack of quorum beyond 30 days  regardless of whether the lack of quorum exists at the beginning of such  120 day period or occurs during the running of such 120 day period.(b) If the county board or the governing body of the municipality as  determined by paragraph (c) of Section 39 of this Act, grants approval under  Section 39.2 of this Act, a third party other than the applicant who  participated in the public hearing conducted by the county board or governing  body of the municipality may, within 35 days after  the date on which the local siting authority granted siting approval, petition  the Board for a hearing to contest the approval of the county board or the  governing body of the municipality.  Unless the Board determines that such  petition is duplicative or frivolous, or that the  petitioner is so located as to not be affected by the proposed facility,  the Board shall hear the petition in accordance with the terms of subsection  (a) of this Section and its procedural rules governing denial appeals, such  hearing to be based exclusively on the record before county board or the  governing body of the municipality.  The burden of proof shall be on the  petitioner.  The county board or the governing body of the municipality  and the applicant shall be named as co-respondents.The Board shall transmit a copy of its decision to the office of the  county board or governing body of the municipality where it shall be  available for public inspection and may be copied upon payment of the  actual cost of reproduction.(c) Any person who files a petition to contest a decision of the  county board or governing body of the municipality shall pay a filing fee.    (Source: P.A. 92-574, eff. 6-26-02.)