Section 734.505  Review of Plans, Budgets, or Reports

a)         The Agency may review any or all technical or financial information, or both, relied upon by the owner or operator or the Licensed Professional Engineer or Licensed Professional Geologist in developing any plan, budget, or report selected for review.  The Agency may also review any other plans, budgets, or reports submitted in conjunction with the site.

b)         The Agency has the authority to approve, reject, or require modification of any plan, budget, or report it reviews.  The Agency must notify the owner or operator in writing of its final action on any such plan, budget, or report, except in the case of 20 day, 45 day, or free product removal reports, in which case no notification is necessary.  Except as provided in subsections (c) and (d) of this Section, if the Agency fails to notify the owner or operator of its final action on a plan, budget, or report within 120 days after the receipt of a plan, budget, or report, the owner or operator may deem the plan, budget, or report rejected by operation of law.  If the Agency rejects a plan, budget, or report or requires modifications, the written notification must contain the following information, as applicable:

1)         An explanation of the specific type of information, if any, that the Agency needs to complete its review;

2)         An explanation of the Sections of the Act or regulations that may be violated if the plan, budget, or report is approved; and

3)         A statement of specific reasons why the cited Sections of the Act or regulations may be violated if the plan, budget, or report is approved.

c)         For corrective action plans submitted by owners or operators not seeking payment from the Fund, the Agency may delay final action on such plans until 120 days after it receives the corrective action completion report required pursuant to Section 734.345 of this Part.

d)         An owner or operator may waive the right to a final decision within 120 days after the submittal of a complete plan, budget, or report by submitting written notice to the Agency prior to the applicable deadline.  Any waiver must be for a minimum of 60 days.

e)         The Agency must mail notices of final action on plans, budgets, or reports 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.

f)         Any action by the Agency to reject or require modifications, or rejection by failure to act, of a plan, budget, or report must be 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.

g)         In accordance with Section 734.450 of this Part, upon the approval of any budget by the Agency, the Agency must include as part of the final notice to the owner or operator a notice of insufficient funds if the Fund does not contain sufficient funds to provide payment of the total costs approved in the budget.