(a) Termination by the recipient.
(1) A person who receives regulatory incentives for
a site under this subchapter may terminate the regulatory incentives
at any time by sending a notice of termination to the executive director
by certified mail.
(2) If the incentives received by the person or site
included exemptions from state or federal requirements, the person
or site must be in full compliance with all requirements for which
exemptions were provided within 30 days after notice of termination
is mailed to the executive director. If a new permit, permit amendment,
or other authorization is necessary in order for the person to achieve
compliance, an administratively complete application for such authorization
shall be submitted to the executive director within 30 days after
notice of termination is mailed to the executive director.
(b) Termination by the executive director.
(1) Noncompliance with the terms and conditions of
regulatory incentives offered under the Strategically Directed Regulatory
Structure, a Regulatory Flexibility Order, an environmental management
system, or this chapter, may result in termination of the regulatory
incentives.
(2) The executive director may also terminate incentives
under this chapter if the executive director finds that the person
or site receiving incentives is not complying with other applicable
legal requirements.
(3) If the executive director determines that a person
who is provided regulatory incentives under this subchapter no longer
meets the requirements of this subchapter, the executive director
shall notify the person in writing within 90 days after the deficiencies
are documented.
(4) If the noted deficiencies are not corrected and
supporting documentation submitted within 90 days after receipt of
the notification, regulatory incentives shall be terminated.
(5) If the incentives received by the person or site
included exemptions from state or federal requirements, the person
or site must be in full compliance with all requirements for which
exemptions were provided within 30 days after termination by the executive
director. If a new permit, permit amendment, or other authorization
is necessary in order for the person to achieve compliance, an administratively
complete application for such permit or authorization shall be submitted
within 30 days after termination by the executive director. Upon written
request, the executive director may allow an additional amount of
time not to exceed 90 days from the date the incentive is terminated
for a person to achieve compliance with applicable legal requirements
or apply for proper authorization.
|