2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title XI - Judicial Review

(415 ILCS 5/Tit. XI heading)
TITLE XI:  
		JUDICIAL REVIEW
(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
Sec. 41. Judicial review.
(a) Any party to a Board hearing, any person who filed a complaint on which
a hearing was denied, any person who has been denied a variance or permit under
this Act, any party adversely affected by a final order or determination of the
Board, and any person who participated in the public comment process under
subsection (8) of Section 39.5 of this Act may obtain judicial review, by
filing a petition for review within 35 days from the date that a copy of the
order or other final action sought to be reviewed was served upon the party
affected by the order or other final Board action complained of, under the
provisions of the Administrative Review Law, as amended and the rules adopted
pursuant thereto, except that review shall be afforded directly in the
Appellate Court for the District in which the cause of action arose and not in
the Circuit Court. For purposes of this subsection (a), the date of service of the Board's final order is the date on which the party received a copy of the order from the Board. Review of any rule or regulation promulgated by the Board
shall not be limited by this Section but may also be had as provided in Section
29 of this Act.
(b) Any final order of the Board under this Act shall be based solely
on the evidence in the record of the particular proceeding involved, and
any such final order for permit appeals, enforcement actions and variance
proceedings, shall be invalid if it is against the manifest weight of the
evidence.  Notwithstanding this subsection, the Board may include such
conditions in granting a variance and may adopt such rules and regulations
as the policies of this Act may require.  If an objection is made to a
variance condition, the board shall reconsider the condition within not
more than 75 days from the date of the objection.
(c) No challenge to the validity of a Board order shall be made in any
enforcement proceeding under Title XII of this Act as to any issue that
could have been raised in a timely petition for review under this Section.
(d) If there is no final action by the Board within 120 days on a request
for a variance which is subject to subsection (c) of Section 38 or a permit
appeal which is subject to paragraph (a) (3) of Section 40 or paragraph
(d) of Section 40.2 or Section 40.3, the petitioner shall be entitled to an Appellate Court
order under this subsection. If a hearing is required under this Act and was
not held by the Board, the Appellate Court shall order the Board to conduct
such a hearing, and to make a decision within 90 days from the date of the
order.  If a hearing was held by the Board, or if a hearing is not required
under this Act and was not held by the Board, the Appellate Court shall order
the Board to make a decision within 90 days from the date of the order.
The Appellate Court shall retain jurisdiction during the pendency of any
further action conducted by the Board under an order by the Appellate Court.
The Appellate Court shall have jurisdiction to review all issues of law and
fact presented upon appeal.
(e) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act. Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section. Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5.
(Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)