Section 740.605  Issuance of No Further Remediation Letter

a)         Except as provided in Section 740.615 below, within 30 days after the Agency's approval of a Remedial Action Completion Report, the Agency shall issue a No Further Remediation Letter applicable to the remediation site. In the event that the Agency fails to issue the No Further Remediation Letter within 30 days after approval of the Remedial Action Completion Report, the No Further Remediation Letter shall issue by operation of law.   [415 ILCS 5/58.10(b)]  The No Further Remediation Letter shall have the legal effect prescribed in Section 58.10 of the Act.

b)         The No Further Remediation Letter shall be issued only to Remediation Applicants who have completed all requirements and received final approval of the Remedial Action Completion Report by the Agency or on appeal.

c)         The Agency shall mail the No Further Remediation Letter by registered or certified mail, postmarked with a date stamp and with return receipt requested.  If the RA is not the sole owner of the Remediation Site, the Agency shall send a copy of the No Further Remediation Letter simultaneously to the owner(s) by first class mail.  Final action shall be deemed to have taken place on the postmarked date that the letter is mailed.

d)         The Agency at any time may correct errors in No Further Remediation Letters arising from oversight, omission or clerical mistake.  Upon correction of the No Further Remediation Letter, the Agency shall mail the corrected letter to the RA, the property owner(s), or both as set forth in subsection (c) of this Section.  The corrected letter shall become effective and shall be perfected as provided in Sections 740.620, 740.621, or 740.622 of this Part.

(Source:  Amended at 26 Ill. Reg. 7197, effective April 25, 2002)