35 Ill. Adm. Code 187.410
Performance Assurance
Section 187
Section 187.410 Performance
Assurance
a) The Agency is authorized to monitor compliance with the EMSA
and may access and enter the facilities, buildings or property that are the
subject of the pilot project for purposes of monitoring compliance, and to
require such recordkeeping and reporting as it deems appropriate, including a
final report assessing the environmental, regulatory and economic results of
the pilot project.
b) The sponsor of an EMSA shall specify the manner in which
performance of the terms and conditions of an EMSA shall be assured. The
Agency shall consider the following in determining whether an EMSA contains
adequate provisions to assure performance:
1) The technical complexity of the proposed pilot project;
2) The environmental risk associated with the proposed pilot project;
and
3) The uncertainty that the proposed innovative environmental
measures authorized by the EMSA will be successful.
c) A sponsor's performance of the terms and conditions of an EMSA
shall be assessed not less than annually, and such assessment may include an
evaluation of the sponsor's performance by a third party acceptable to the
Agency and qualified to make such an evaluation.
d) Notification of Nonperformance
1) A sponsor shall notify the Agency and all members of the
stakeholder group of any nonperformance of a term or condition of an EMSA. A
notification under this subsection (d) shall include a description of any
activity performed by the sponsor to cure or mitigate the effects of the
nonperformance.
2) The Agency shall investigate and monitor a sponsor to
determine whether the sponsor has responded adequately to any nonperformance,
and shall notify all members of the stakeholder group of the results of its
investigation.
e) Upon identification of nonperformance of the terms or conditions
of an EMSA, the Agency may, consistent with this Part, enforce the terms of
such EMSA.
f) An EMSA may contain provisions for alternative dispute
resolution.