Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 740 - SITE REMEDIATION PROGRAM › Subpart I - REVIEW OF REMEDIATION COSTS FOR BROWNFIELDS SITE RESTORATION PROGRAM › Section 740.915 - Agency Review of Application for Payment of Remediation Costs

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must
				review each application submitted pursuant to Section
				740.910
				or Section
				740.911
				to determine, in accordance with Sections
				740.925 and
				740.930 of this
				Part, whether the costs submitted are remediation costs and whether the costs
				incurred are reasonable. [415 ILCS
				5/58.15(B)(e), (f) ]
b) Within 60 days after receipt by the Agency
				of an application meeting the requirements of Section
				740.910
				or Section 740.911, the Agency must issue a letter to the RA approving,
				disapproving, or modifying the remediation costs submitted in the application.
				[415 ILCS
				5/58.15(B)(h)(1) ]
c) The Agency's review period begins on the
				date of receipt of the budget plan by the Agency. The Agency's record of the
				date of receipt of a budget plan shall be deemed conclusive unless a contrary
				date is proven by a dated, signed receipt from certified or registered
				mail.
d) The RA may waive the time
				for review.
e) Submittal of an
				amended application restarts the time for review.
f) The Agency's notification of final
				determination shall be by certified or registered mail postmarked with a date
				stamp and with return receipt requested. The Agency's determination shall be
				deemed to have been made on the postmarked date that the notice is
				mailed.
g) If a preliminary review
				of a budget plan has been obtained under Section
				740.905
				of this Part, the Remediation Applicant may submit, with the application,
				applicable fee under Section
				740.920
				of this Part, and supporting documentation under Section
				740.910
				or Section
				740.911
				of this Part, a copy of the Agency's final determination on the budget plan
				accompanied by a certification, signed by the RA or authorized agent and
				notarized, stating as follows:
I, ____________________[name of RA, if individual, or name of
				  authorized agent of RA], hereby certify that the actual remediation costs
				  incurred at the site for line items [list line items to which certification
				  applies] and identified in the application for final review of remediation
				  costs are equal to or less than the costs approved for the corresponding line
				  items in the attached budget plan determination.
h) If the budget plan determination and
				certification are submitted pursuant to subsection (g) of this Section, the
				Agency may conduct further review of the certified line item costs and may
				approve such costs as submitted. The Agency's further review shall be limited
				to confirmation that costs approved in the Agency's budget plan determination
				were actually incurred by the RA in the development and implementation of the
				Remedial Action Plan.
i) If the
				certification in subsection (g) of this Section does not apply to all line
				items as approved in the budget plan, the Agency shall conduct its review of
				the costs for the uncertified line items as if no budget plan had been
				approved. In its review, the Agency shall not reconsider the appropriateness of
				any activities, materials, labor, equipment, structures or services already
				approved by the Agency for the development or implementation of the Remedial
				Action Plan.
j) If an application
				is disapproved or approved with modification of remediation costs, the written
				notification to the RA must contain the following information as applicable:
1) An explanation of the specific type of
				information or documentation, if any, that the Agency deems the RA did not
				provide;
2) The reasons for the
				disapproval or modification of remediation costs; and
3) Citations to statutory or regulatory
				provisions upon which the determination is based.