Ill. Admin. Code tit. 35 § 106.704

Current through Register Vol. 49, No. 2, January 10, 2025

Section 106.704 - Termination Under Section 52.3-4(b) or (b-5) of the Act

a) To terminate an EMSA under Section 52.3-4(b) of the Act, the Agency must determine that the sponsor's performance under the EMSA has failed to:

1)Achieve emissions reductions or reductions in discharges of wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or

2)Achieve real environmental risk reduction or foster environmental compliance by other persons regulated under the Act in a manner that is clearly superior to the existing regulatory system. [ 415 ILCS 5/52.3 -1(b)]

b) To terminate an EMSA under Section 52.3-4(b-5) of the Act, the Agency must determine that the sponsor's participation in the Federal Performance Track Program has ceased. [ 415 ILCS 5/52.3 -4(b-5)]

c) If the Agency terminates an EMSA under Section 52.3-4(b) or (b-5) of the Act, the sponsor may file an appeal with the Board. Appeals to the Board will be under 35 Ill. Adm. Code 105. Subparts A and B.

Ill. Admin. Code tit. 35, § 106.704

Amended at 29 Ill. Reg. 8817, effective June 8, 2005

Amended at 41 Ill. Reg. 10104, effective 7/5/2017