Section 734.705  Issuance of a No Further Remediation Letter

a)         Upon approval by the Agency of a report submitted pursuant to Section 734.210(h)(3) of this Part or a corrective action completion report, the Agency must issue to the owner or operator a No Further Remediation Letter.  The No Further Remediation Letter must have the legal effect prescribed in Section 57.10 of the Act.  The No Further Remediation Letter must be denied if the Agency rejects or requires modification of the applicable report.

b)         The Agency must have 120 days after the date of receipt of the applicable report to issue a No Further Remediation Letter and may include the No Further Remediation Letter as part of the notification of approval of the report in accordance with Subpart E of this Part.  If the Agency fails to send the No Further Remediation Letter within 120 days, it must be deemed denied by operation of law.

c)         The notice of denial of a No Further Remediation Letter by the Agency may be included with the notification of rejection or modification of the applicable report.  The reasons for the denial of the letter must be stated in the notification.  The denial must be considered a final determination appealable 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.  If any request for a No Further Remediation Letter is denied by operation of law in lieu of an immediate repeal to the Board, the owner or operator may either resubmit the request and applicable report to the Agency or file a joint request for a 90 day extension in the manner provided for extensions of permit decision in Section 40 of the Act.

d)         The Agency must mail the No Further Remediation Letter 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 the letter is mailed.

e)         The Agency at any time may correct errors in No Further Remediation Letters that arise from oversight, omission, or clerical mistake.  Upon correction of the No Further Remediation Letter, the Agency must mail the corrected letter to the owner or operator as set forth in subsection (d) of this Section.  The corrected letter must be perfected by recording in accordance with the requirements of Section 734.715 of this Part.