Section 670.213  Decertification

The owner of the site shall comply with the requirements in Section 670.203. Any failure by the owner to maintain such compliance shall be just cause for decertification by the Agency:

a)         Such action may only be taken after the Agency has provided the owner with a written notice which identifies the noncompliance and specifies a 30 day period during which a written response may be provided by the owner.

b)         The owner may respond within 30 days after receipt of an Agency notice of noncompliance with 35 Ill. Adm. Code 670. Such response may describe any actions taken by the owner which relate to the conditions of certification. (Section 14.5(e) of the Act)

c)         The Agency shall review a response if any from the owner and shall determine whether the response is deficient or untimely.  If such response is deficient or untimely, the Agency shall serve notice upon the owner that the site has been decertified and is subject to the applicable provisions of subsection (d) of Section 14.2 or Section 14.4 of the Act and regulations adopted thereunder.

d)         If the response reviewed by the Agency is determined to be sufficient, the potential primary or secondary source shall remain certified for the period established in Section 670.207.

e)         Such notification shall constitute a final determination of the Agency. (Section 14.5(e) of the Act)