Termination Under Section 52.3-4(b) or (b-5) of the Act

Section 106 Section 106.704  Termination Under Section 52.3-4(b) or (b-5) of the Act a)         To terminate an EMSA under Section 52.3-4(b) of the Act, the Agency must determine that the sponsor's performance under the EMSA has failed to: 1) Achieve emissions reductions or reductions in discharges of wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or 2) Achieve real environmental risk reduction or foster environmental compliance by other persons regulated under the Act in a manner that is clearly superior to the existing regulatory system. [415 ILCS 5/52.3-1(b)] b)         To terminate an EMSA under Section 52.3-4(b-5) of the Act, the Agency must determine that the sponsor's participation in the Federal Performance Track Program has ceased . [415 ILCS 5/52.3-4(b-5)] c)         If the Agency terminates an EMSA under Section 52.3-4(b) or (b-5) of the Act, the sponsor may file an appeal with the Board.  Appeals to the Board will be under 35 Ill. Adm. Code 105.Subparts A and B.