Illinois Administrative Code
Title 8 - AGRICULTURE AND ANIMALS
Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM
Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS
Section 259.550 - Voidance
Universal Citation: 8 IL Admin Code ยง 259.550
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Board may void a Notice of Closure for:
1) violation of
any applicable institutional controls or land use restrictions;
2) failure of the owner, operator, or any
subsequent transferee to maintain any approved engineering barriers or
institutional controls;
3)
disturbance or removal of contaminated soil that has been left in place in
accordance with the corrective action plan;
4) failure to comply with the recording
requirements of this Part;
5)
obtaining the Notice of Closure by fraud or misrepresentation; and
6) subsequent discovery of agrichemicals not
identified as part of the investigative or remedial activities upon which the
issuance of the Notice of Closure was based.
b) If the Board voids a Notice of Closure, it shall provide notice to the current title holder of the remediation site.
1) The notice shall specify the cause for the
voidance and describe facts in support of that cause.
2) The Department shall mail Notices of
Voidance by registered or certified mail, date-stamped with return receipt
requested.
3) The Department 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.
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