Current through Register Vol. 48, No. 38, September 20, 2024
a) The No Further Remediation Letter shall be
voidable if the remediation site activities are not managed in full compliance
with the provisions of Title XVII of the Act, this Part, or the approved
Remedial Action Plan or 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 shall not
be limited to:
1) Any violation of
institutional controls or land use restrictions, if applicable;
2) The failure of the owner, operator, RA, or
any subsequent transferee to operate and maintain preventive or engineering
controls or to comply with a groundwater monitoring plan, if
applicable;
3) The disturbance or
removal of contamination that has been left in place in accordance with the
Remedial Action Plan. Access to soil contamination may be allowed if, during
and after any access, public health and the environment are protected
consistent with the Remedial Action Plan;
4) The failure to comply with the recording
requirements of Section
740.620
of this Part;
5) Obtaining the No
Further Remediation Letter by fraud or misrepresentation;
6) Subsequent discovery of contaminants not
identified as part of the investigative or remedial activities upon which the
issuance of the No Further Remediation Letter was based, that pose a threat to
human health or the environment;
7)
The failure to pay the No Further Remediation Assessment required under Section
740.615(b)
of this Part; [415
ILCS 5/58.10(e)]
8) The failure to pay in full the applicable
fees under the Review and Evaluation Services Agreement within 45 days after
receiving a request for final payment under Section
740.310 of
this Part;
9) The failure to comply
with the requirements of Section
740.621
of this Part for No Further Remediation Letters issued to IDOT remediation
sites located in IDOT rights-of-way;
10) The failure to comply with the
requirements of Section
740.622
of this Part or the failure to record a No Further Remediation Letter perfected
in accordance with Section
740.622
within 45 days following 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
11) The failure to comply with the notice or
confirmation requirements of 35 Ill. Adm. Code
742.1010(b)(3),
742.1015(b)(5)
or
742.1015(c).
b) If the Agency seeks to void a
No Further Remediation Letter, it shall provide notice to the current title
holder of the remediation site and to the RA at his or her last known address.
[415
ILCS 5/58.10(f)]
1) The notice shall specify the cause for the
voidance and describe facts in support of that cause. [415 ILCS
5/58.10(f)]
2) The Agency shall
mail notices of voidance by registered or certified mail, date stamped with
return receipt requested.
c) Within 35 days after the receipt of the
Notice of Voidance, the RA or current title holder of the remediation site may
appeal the Agency's decision to the Board in the manner provided for the review
of permits in Section 40 of the Act. If the Board fails to take final action
within 120 days, unless such time period is waived by the petitioner, the
petition shall be deemed denied and the petitioner shall be entitled to an
Appellate Court order pursuant to subsection (d) of Section 41 of the Act. The
Agency shall have the burden of proof in any such action. [415
ILCS 5/58.10(f) (1)]
1) If the Agency's action is appealed, the
action shall not become effective until the appeal process has been exhausted
and a final decision reached by the Board or courts. [415
ILCS 5/58.10(f) (3)]
A) Upon receiving a notice of appeal, the
Agency shall file a notice of lis pendens with the Office of the Recorder or
the Registrar of Titles for the county in which the remediation site is
located. The notice shall be filed in accordance with Illinois law so that it
becomes a part of the chain of title for the site. [415
ILCS 5/58.10(f)(4)]
B) If the Agency's action is not upheld on
appeal, the notice of lis pendens shall be removed in accordance with Illinois
law within 45 days after receipt of the final decision of the Board or the
courts. [415
ILCS 5/58.10(f)(4)]
2) If the Agency's action is not
appealed, the Agency shall 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 shall be filed in accordance with Illinois law so that it
forms a permanent part of the chain of title for the site. [415
ILCS 5/58.10(f) (2)]
