Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 848 - MANAGEMENT OF USED AND WASTE TIRES
Subpart D - FINANCIAL ASSURANCE
Section 848.403 - Application of Proceeds and Appeal

Universal Citation: 35 IL Admin Code ยง 848.403

Current through Register Vol. 48, No. 38, September 20, 2024

a) The Agency may sue in any court of competent jurisdiction to enforce its rights under financial instruments used to provide the financial assurance required under this Subpart. The filing of an enforcement action before the Board is not a condition precedent to such an Agency action, except when this Subpart or the terms of the instrument provide otherwise.

b) As provided in Titles VIII and IX of the Act and 35 Ill. Adm. Code 103 and 104, the Board may order that an owner or operator modify a removal plan or order that proceeds from financial assurance be applied to the execution of a removal plan.

c) The following Agency actions may be appealed to the Board as a permit denial pursuant to 35 Ill. Adm. Code 105:

1) a refusal to accept financial assurance tendered by the owner or operator;

2) a refusal to release the owner or operator from the requirement to maintain financial assurance;

3) a refusal to release excess funds from a trust;

4) a refusal to approve a reduction in the penal sum of a bond; or

5) a refusal to approve a reduction in the amount of a letter of credit.

Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.