TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER I: POLLUTION CONTROL BOARD
PART 103 ENFORCEMENT
SECTION 103.408 STIPULATED DRAFT REMEDY


 

Section 103.408  Stipulated Draft Remedy

 

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)