Section 740.215  Approval or Denial of Application and Agreement

a)         The Agency shall have 30 days from the receipt of an Application to approve or deny the Application.  The Agency's record of the date of receipt of an Application shall be deemed conclusive unless a contrary date is proved by a dated, signed receipt from the Agency or certified or registered mail.  Reasons for denial of an Application shall include, but not be limited to, the following:

1)         The application is deemed incomplete;

2)         The remediation site or the investigative and remedial activities requested by the RA do not satisfy the applicability requirements set forth at Section 740.105 of this Part; or

3)         The Agency does not have the resources available to provide review and evaluation services as requested in the Application.

b)         The Agency shall notify the RA in writing whether the Application is approved or denied.  The notification shall be made by certified or registered mail postmarked with a date stamp and with return receipt requested.  The Agency's final determination shall be deemed to have taken place on the post-marked date that the notice is mailed.  If the Agency denies an Application for services, the notice of denial shall state the reasons for the denial.

c)         The RA may agree to waive the review deadline under this Section at the request of the Agency or on its own discretion.

d)         Except for denials under subsection (a)(3) above, if the Agency denies an Application, the RA may, within 35 days after receipt of the final determination, file an appeal with the Board.  If the Agency fails to make the final determination on an Application within the time frame provided under subsections (a) or (c) above, that failure shall be deemed a denial of the Application, which the RA may appeal within 35 days after the expiration of the deadline.  Appeals to the Board shall be in the manner provided for the review of permit decisions in Section 40 of the Act.  If the Application or Agreement is denied, in lieu of an immediate appeal to the Board, the RA may either resubmit the Application or Agreement to the Agency or file a joint request for a 90-day extension in the manner provided for extensions of permit decisions in Section 40 of the Act [415 ILCS 5/40].