§530.320. Apportionment of Costs

There may be times when the Department will incur delay or other costs, including third party claims, because the permittee will not or cannot perform its duties under its permit and this Part.  Unless the permittee shows that another allocation of the cost of undertaking the requested action is appropriate, the permittee shall bear the Department's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility which is the subject of the permit.  No other administrative agency or commission may review or overrule a permit related cost apportionment of the Department.  The sanctions set forth in Subpart H may be imposed on a permittee who does not pay the costs apportioned to it.