a) Permit review.
If the Department receives information indicating that it
improvidently issued a surface coal mining and reclamation permit, the
Department shall review the circumstances under which the permit was issued
using a criteria in subsection (b) below. Where the Department finds that the
permit was improvidently issued, it shall undertake the remedial measures set
forth in subsection (c) below.
b) Review criteria.
The Department shall find that a surface coal mining and
reclamation permit was improvidently issued if:
1) Under the violations review criteria of
the regulatory program at the time the permit was issued:
A) The Department should not have issued the
permit because of an unabated violation or a delinquent penalty or fee;
or
B) The permit was issued on the
presumption that a notice of violation was in the process of being corrected to
the satisfaction of the agency with jurisdiction over the violation, but a
cessation order subsequently was issued; and
2) The violation, penalty or fee:
A) Remains unabated or delinquent;
and
B) Is not the subject of a good
faith appeal, or of an abatement plan or payment schedule with which the
permittee or other person responsible is complying to the satisfaction of the
responsible agency; and
C) Where
the permittee was linked to the violation, penalty or fee through ownership or
control under the violations review criteria of the regulatory program at the
time the permit was issued, an ownership or control link between the permittee
and the person responsible for the violation, penalty or fee still exists, or
where the link has been severed, the permittee continues to be responsible for
the violation, penalty or fee.
3) The provisions of Section
1773.25
shall apply when the Department determines:
A)
Whether a violation, penalty or fee existed at the time that it was cited,
remains unabated or delinquent, has been corrected, is in the process of being
corrected, or is the subject of a good faith appeal; and
B) Whether any ownership or control link
between the permittee and the person responsible for the violation, penalty or
fee existed, still exists, or has been severed.
c) Remedial measures.
If the Department finds, under subsection (b) above, that
because of an unabated violation or a delinquent penalty or fee a permit was
improvidently issued, the Department shall undertake one or more of the
following remedial measures:
1)
Implement, with the cooperation of the permittee or other person responsible,
and of the responsible agency, a plan for abatement of the violation or a
schedule for payment of the penalty or fee;
2) Impose on the permit a condition requiring
that in the specified period of time the permittee or other person responsible
abate the violation or pay the penalty or fee;
3) Suspend the permit until the violation is
abated or the penalty or fee is paid; or
4) Rescind the permit. If the Department
decides to suspend the permit, it shall give at least 30 days written notice to
the permittee. If the Department decides to rescind the permit, it shall issue
a notice in accordance with Section
1773.21.
In either case, the permittee shall be given the opportunity to request review
of the notice under 62 Ill. Adm. Code
1847.3.
The Department's decision shall remain in effect during the pendency of the
review, unless temporary relief is granted under 62 Ill. Adm. Code
1847.3(k).