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 106.712 - Deficient Performance

1) The respondent misrepresented the factual basis for entering into the EMSA.

2) The respondent failed to provide access to the pilot project for the Agency to monitor compliance with an EMSA.

3) The respondent falsified any monitoring data, record-keeping information or reports regarding the pilot project.

4) The respondent or the owner or operator of the pilot project failed to comply with any requirement of any federal or local environmental law or regulation that applies to the pilot project and that the EMSA does not address, and for which a citizen's complaint has been filed with a court of competent jurisdiction or the appropriate authority has sent a notice of violation, complaint or other notice of failure to comply to the respondent or the owner or operator of the pilot project.

5) The respondent or the owner or operator of the pilot project failed to comply with any requirement of any State environmental law or regulation that applies to the pilot project and that the EMSA does not address, and for which a citizen's complaint has been filed with the Board, or the Agency has mailed a notice of violation to the respondent or the owner or operator of the pilot project under Section 31(a) or (b) of the Act.

6) The respondent failed to comply with its EMSA, subject to any grace or cure periods or rights contained in the EMSA.