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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS CHAPTER I: POLLUTION CONTROL BOARD PART 106 PROCEEDINGS PURSUANT TO SPECIFIC RULES OR STATUTORY PROVISIONS SECTION 106.714 BOARD DECISION
Section 106.714 Board Decision
a) The Board will prepare a written opinion and order for all final determinations that will include findings of fact (with specific page references to principal supporting items of evidence in the record) and conclusions of law (supported by adequate reasoning) on all material issues.
b) The Board will render its decision as expeditiously as practicable. The Board will render a decision as an order that:
1) Terminates the EMSA;
2) Defers termination for a specified time, not to exceed 90 days from the date of the order, during which the respondent may rectify the deficient performance; or
3) Rejects termination of the EMSA.
c) The Board may extend the time period under subsection (b)(2) of this Section for good cause.
d) The Board may order any or all of the following:
1) Direct the respondent to cease and desist from violating the Act, the Board's regulations, or the EMSA;
2) Require the respondent to provide performance assurance compensation in appropriate amounts;
3) Require the respondent to post a sufficient performance bond or other security to assure that the respondent corrects the violation within the time that the Board prescribes;
4) Enforce any remedy provision of the EMSA; and
5) Order other relief as appropriate.
e) The Clerk will publish the order and opinion with the vote of each Board Member recorded and will notify the parties required to be notified of the hearing from which the order arose of the order and opinion. |