Ill. Admin. Code tit. 35, § 103.408
Stipulated Draft Remedy
Effective Jul 5, 201741 Ill. Reg. 10032AUTHORITY: Implementing Sections 5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42 of the Environmental Protection Act (Act) [415 ILCS 5/5, 7.2, 13(c), 13.3, 17.5, 22.4(a), 22.4(d), 22.7(d), 27, 28, 28.2, 29, 30, 31, 41, and 42] and authorized by Sections 26 and 27 of the Act [415 ILCS 5/26 and 27].POLLUTION CONTROL BOARD
- a) The parties may agree to a stipulated draft remedy.
b) A stipulated draft remedy must include the following:
1) Proposed mandatory orders that the parties agree should be included in the Board's final order, which may include one or more of the following:
- A) An order to cease and desist conducting regulated activities;
- B) An order to close a facility or unit;
- C) An order to execute a post-closure care plan;
- D) A compliance plan, including a time schedule to assure compliance with regulations in the shortest possible time;
- E) An order to provide a performance bond or other financial assurance;
- F) An order to apply for a permit or permit modification; and
- G) An order revoking a permit.
- 2) A partial draft permit or statement as provided by Section 103.406.
- 3) A statement as to whether or not the stipulation is divisible for purposes of Board determinations.
- c) All parties, including the Agency, must sign the stipulated draft remedy before notice is given under Section 103.410.
(Source: Amended at 41 Ill. Reg. 10032, effective July 5, 2017)