Section 741.210  Final Orders

a)         Based on the evidence presented at hearing or in a stipulation, the Board will enter a final order that determines whether a respondent proximately caused or contributed to a release or substantial threat of a release.

b)         If the Board determines, under subsection (a) of this Section, that a respondent proximately caused or contributed to a release or substantial threat of a release, the Board will, in its final order, order respondent to perform or pay for a response.  The Board will order the respondent to perform or pay for a response only to the degree to which a preponderance of the evidence shows that the performance or costs of the response result from the respondent's proximate causation of or contribution to the release or substantial threat of a release.  In making this decision, the Board will consider the allocation factors of Section 741.135 of this Part.

c)         If any party fails to comply with the Board's order under this Section, any party may seek penalties under Section 42 of the Act.  The Board may order a party that fails to comply with the Board's order under this Section to pay penalties under Section 42 of the Act.