Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 734 - PETROLEUM UNDERGROUND STORAGE TANKS › Subpart D - MISCELLANEOUS PROVISIONS › Section 734.450 - Deferred Site Investigation or Corrective Action; Priority List for Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator who has received approval for any budget submitted pursuant to this
				Part and who is eligible for payment from the Fund may elect to defer site
				investigation or corrective action activities until funds are available in an
				amount equal to the amount approved in the budget if the requirements of
				subsection (b) of this Section are met.
1)
				Approvals of budgets must be pursuant to Agency review in accordance with
				Subpart E of this Part.
2) The
				Agency must monitor the availability of funds and must provide notice of
				insufficient funds to owners or operators in accordance with Section
				734.505(g)
				of this Part.
3) Owners and
				operators must submit elections to defer site investigation or corrective
				action activities on forms prescribed and provided by the Agency and, if
				specified by the Agency by written notice, in an electronic format. The
				Agency's record of the date of receipt must be deemed conclusive unless a
				contrary date is proven by a dated, signed receipt from certified or registered
				mail.
4) The Agency must review
				elections to defer site investigation or corrective action activities to
				determine whether the requirements of subsection (b) of this Section are met.
				The Agency must notify the owner or operator in writing of its final action on
				any such election. If the Agency fails to notify the owner or operator of its
				final action within 120 days after its receipt of the election, the owner or
				operator may deem the election rejected by operation of law.
A) The Agency must mail notices of final
				action on an election to defer by registered or certified mail, post marked
				with a date stamp and with return receipt requested. Final action must be
				deemed to have taken place on the post marked date that such notice is
				mailed.
B) Any action by the Agency
				to reject an election, or the rejection of an election by the Agency's failure
				to act, is subject to appeal to the Board within 35 days after the Agency's
				final action in the manner provided for the review of permit decisions in
				Section 40 of the Act.
5) Upon approval of an election to defer site
				investigation or corrective action activities until funds are available, the
				Agency must place the site on a priority list for payment and notification of
				availability of sufficient funds. Sites must enter the priority list for
				payment based solely on the date the Agency receives a complete written
				election of deferral, with the earliest dates having the highest
				priority.
6) As funds become
				available the Agency must encumber funds for each site in the order of priority
				in an amount equal to the total of the approved budget for which deferral was
				sought. The Agency must then notify owners or operators that sufficient funds
				have been allocated for the owner or operator's site. After such notification
				the owner or operator must commence site investigation or corrective action
				activities.
7) Authorization of
				payment of encumbered funds for deferred site investigation or corrective
				action activities must be approved in accordance with the requirements of
				Subpart F of this Part.