Current through Register Vol. 48, No. 38, September 20, 2024
a) The No Further Remediation Letter must be
voidable if site activities are not carried out in full compliance with the
provisions of this Part, and 35 Ill. Adm. Code 742 where applicable, or the
remediation objectives upon which the issuance of the No Further Remediation
Letter was based. Specific acts or omissions that may result in voidance of the
No Further Remediation Letter include, but not be limited to:
1) Any violations of institutional controls
or land use restrictions, if applicable;
2) The failure of the owner or operator or
any subsequent transferee to operate and maintain preventive, engineering, and
institutional controls;
3)
Obtaining the No Further Remediation Letter by fraud or
misrepresentation;
4) Subsequent
discovery of indicator contaminants related to the occurrence upon which the No
Further Remediation Letter was based that:
A)
were not identified as part of the investigative or remedial activities upon
which the issuance of the No Further Remediation Letter was based;
B) results in the failure to meet the
remediation objectives established for the site; and
C) pose a threat to human health or the
environment;
5) Upon the
lapse of the 45 day period for recording the No Further Remediation Letter, the
failure to record and thereby perfect the No Further Remediation Letter in a
timely manner;
6) The disturbance
or removal of contamination left in place under an approved plan;
7) The failure to comply with the
requirements of Section
734.715(c)
of this Part and the Memorandum of Agreement entered in accordance with Section
734.715(c)
of this Part for a site that is located in a highway authority
right-of-way;
8) The failure to
comply with the requirements of Section
734.715(d)
of this Part and the LUC MOA entered in accordance with Section
734.715(d)
of this Part for a site located on Federally Owned Property for which the
Federal Landholding Entity does not have the authority under federal law to
record institutional controls on the chain of title;
9) The failure to comply with the
requirements of Section
734.715(d)
of this Part or the failure to record a No Further Remediation Letter perfected
in accordance with Section
734.715(d)
of this Part within 45 days following the transfer of the Federally Owned
Property subject to the No Further Remediation Letter to any entity that will
not remain or become a Federal Landholding Entity; or
10) The failure to comply with the notice or
confirmation requirements of 35 Ill. Adm. Code
742.1015(b)(5) and
(c).
b) If the Agency seeks to void a No Further
Remediation Letter, it must provide a Notice of Voidance to the current title
holder of the site and the owner or operator at his or her last known address.
1) The Notice of Voidance must specify the
cause for the voidance and describe the facts in support of the
cause.
2) The Agency must mail
Notices of Voidance by registered or certified mail, date stamped with return
receipt requested.
c)
Within 35 days after receipt of the Notice of Voidance, the current title
holder and owner or operator of the site at the time the No Further Remediation
Letter was issued may appeal the Agency's decision to the Board in the manner
provided for the review of permit decisions in Section 40 of the Act.
d) If the Board fails to take final action
within 120 days, unless such time period is waived by the petitioner, the
petition must be deemed denied and the petitioner must be entitled to an
appellate court order pursuant to subsection (d) of Section 41 of the Act. The
Agency must have the burden of proof in such action.
1) If the Agency's action is appealed, the
action must not become effective until the appeal process has been exhausted
and a final decision is reached by the Board or courts.
A) Upon receiving a notice of appeal, the
Agency must file a Notice of lis pendens with the office of the recorder or the
registrar of titles for the county in which the site is located. The notice
must be filed in accordance with Illinois law so that it becomes a part of the
chain of title for the site.
B) If
the Agency's action is not upheld on appeal, the Notice of lis pendens must be
removed in accordance with Illinois law within 45 days after receipt of the
final decision of the Board or the courts.
2) If the Agency's action is not appealed or
is upheld on appeal, the Agency must submit the Notice of Voidance to the
office of the recorder or the registrar of titles for the county in which the
site is located. The Notice must be filed in accordance with Illinois law so
that it forms a permanent part of the chain of title for the site.
