Section 734.660  Determination and Collection of Excess Payments

a)         If, for any reason, the Agency determines that an excess payment has been paid from the Fund, the Agency may take steps to collect the excess amount pursuant to subsection (c) of this Section.

1)         Upon identifying an excess payment, the Agency must notify the owner or operator receiving the excess payment by certified or registered mail, return receipt requested.

2)         The notification letter must state the amount of the excess payment and the basis for the Agency's determination that the payment is in error.

3)         The Agency's determination of an excess payment must be subject to appeal to the Board in the manner provided for the review of permit decisions in Section 40 of the Act.

b)         An excess payment from the Fund includes, but is not limited to:

1)         Payment for a non-corrective action cost;

2)         Payment in excess of the limitations on payments set forth in Sections 734.620 and 734.635 and Subpart H of this Part;

3)         Payment received through fraudulent means;

4)         Payment calculated on the basis of an arithmetic error;

5)         Payment calculated by the Agency in reliance on incorrect information; or

6)         Payment of costs that are not eligible for payment.

c)         Excess payments may be collected using any of the following procedures:

1)         Upon notification of the determination of an excess payment in accordance with subsection (a) of this Section or pursuant to a Board order affirming such determination upon appeal, the Agency may attempt to negotiate a payment schedule with the owner or operator.  Nothing in this subsection (c)(1) of this Section must prohibit the Agency from exercising at any time its options at subsection (c)(2) or (c)(3) of this Section or any other collection methods available to the Agency by law.

2)         If an owner or operator submits a subsequent claim for payment after previously receiving an excess payment from the Fund, the Agency may deduct the excess payment amount from any subsequently approved payment amount.  If the amount subsequently approved is insufficient to recover the entire amount of the excess payment, the Agency may use the procedures in this Section or any other collection methods available to the Agency by law to collect the remainder.

3)         The Agency may deem an excess payment amount to be a claim or debt owed the Agency, and the Agency may use the Comptroller's Setoff System for collection of the claim or debt in accordance with Section 10.5 of the "State Comptroller Act."  [15 ILCS 405/10.05]