Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 187 - REGULATORY INNOVATION PROJECTS
Subpart D - PROCEDURES
Section 187.414 - Termination of an EMSA
Universal Citation: 35 IL Admin Code ยง 187.414
Current through Register Vol. 48, No. 38, September 20, 2024
a) Termination by the Agency
1) In the case of
deficient performance of any term or condition in an EMSA that prevents
achievement of the stated purposes in subsection (b) of Section 52.3 -1 of the
Act, the Agency may terminate the EMSA and the owner or operator of a pilot
project may be subject to enforcement in accordance with the provisions of
Section 31 or 42 ofthe Act. (Section 52.3-4(b) of the Act)
2) If the EMSA is terminated pursuant to this
subsection (a), the owner or operator of a pilot project shall have sufficient
time to apply for and receive any necessary permits to continue the operations
in effect during the course of the EMSA. Any such application shall also be
deemed a timely and complete application for renewal of an existing permit
under applicable law. (Section 52.3-4(c) of the Act)
3) The Agency shall follow procedures for
involuntary termination established by the Board.
b) Termination by the Sponsor
1) A sponsor may terminate an EMSA at any
time upon written notice to the Agency and members of the stakeholder group.
Notice must be given at least 90 days prior to termination; provided, however,
that a sponsor may, with the Agency's approval, immediately terminate an EMSA
upon notice to the Agency if continuing to operate under the EMSA would cause
air or water pollution or an unauthorized release in violation of the
Act.
2) Upon termination of an EMSA
pursuant to this subsection (b), a sponsor shall be subject to, and shall
comply with, all applicable State, federal and local environmental statutes,
regulations and ordinances.
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