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(415 ILCS 5/22.3a)
Sec. 22.3a.
Expedited review of hazardous waste corrective action.
(a) It is the intent of this Section to promote an expedited RCRA
hazardous waste corrective action review process.
(b) The owner or operator of a hazardous waste facility performing
corrective action pursuant to the federal Resource Conservation and Recovery
Act of 1976 or regulations issued thereunder, or analogous State law or
regulations, may request from the Agency an expedited review of that
corrective action. Within a reasonable time, the Agency shall respond in
writing, indicating whether the Agency will perform expedited review.
(c) An owner or operator approved by the Agency for an expedited review
under this Section shall pay to the Agency all reasonable costs the Agency
incurs in its review of the owner's or operator's corrective action activities
(including but not limited to investigations, monitoring, and cleanup of
releases of hazardous waste or hazardous constituents). Prior to any Agency
review, the owner or operator shall make an advance partial payment to the
Agency for anticipated review costs in an amount acceptable to the Agency, but
not to exceed $5,000 or one-half of the total anticipated costs of the Agency,
whichever is less. All amounts paid to the Agency pursuant to this Section
shall be deposited into the Environmental Protection Permit and Inspection
Fund.
(d) The Agency's expedited review under this Section shall include, but need
not be limited to: review of the owner's or operator's corrective action plans,
reports, documents, and associated field activities; issuance of corrective
action decision documents; and issuance of letters certifying the completion
of corrective action activities or discrete portions thereof.
(e) The Agency may cease its expedited review under this Section if an owner
or operator fails to pay the Agency's review costs when due.
(f) An owner or operator approved by the Agency for an expedited review
under this Section may withdraw its request for an expedited review at any
time by providing the Agency with written notification of its withdrawal; but
the owner or operator shall be responsible to pay all expedited review costs
incurred by the Agency through the date of withdrawal.
(Source: P.A. 93-260, eff. 7-22-03.)
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