Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 106 - PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS
Subpart G - INVOLUNTARY TERMINATION OF ENVIRONMENTAL MANAGEMENT SYSTEM AGREEMENTS (EMSAs)
Section 106.704 - Termination Under Section 52.3-4(b) or (b-5) of the Act
Universal Citation: 35 IL Admin Code ยง 106.704
Current through Register Vol. 48, No. 12, March 22, 2024
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.
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