(415 ILCS 5/52.3-4)
Sec. 52.3-4.
Performance assurance.
(a) The Agency shall ensure that each Environmental Management System
Agreement contains appropriate provisions for performance assurance.
Those provisions may specify types of performance guarantees to be provided by
the participant to assure performance of the terms and conditions of the
Agreement.
(b) In the case of deficient performance of any term or condition in an
Environmental Management System Agreement that prevents achievement of the
stated purposes in subsection (b) of Section 52.3-1, the Agency may terminate
the Agreement and the participant may be subject to enforcement in accordance
with the provisions of Section 31 or 42 of this Act.
(b-5) The Agency may terminate an Agreement executed pursuant to
subsection
(d) of Section 52.3-1 if participation in the Federal Performance Track Program
ceases.
(c) If the Agreement is terminated, the facility shall
have sufficient time to apply for and receive any necessary permits to continue
the operations in effect during the course of the Environmental Management
Systems Agreement. Any such application shall also be deemed a timely and
complete application for renewal of an existing permit under applicable law.
(d) The Agency may adopt rules that are necessary to carry out its
duties under this Section including, but not limited to, rules that provide
mechanisms for alternative dispute resolution and performance assurance.
(e) Nothing in this Section shall limit the authority or ability of a
State's Attorney or the Attorney General to proceed pursuant to Section 43(a)
of this Act, or to enforce Section 44 or 44.1 of this Act, except that for the
purposes of enforcement under Section 43(a), 44, or 44.1, an Agreement shall be
deemed to be a permit issued under this Act to engage in activities authorized
under the Agreement.
(Source: P.A. 93-171, eff. 7-10-03.)
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