ILLINOIS POLLUTION CONTROL BOARD
December
15,
1988
IN THE MATTER OF:
COLLECTION OF FILING FEES
)
RES 88—3
PURSUANT TO SECTION
7.2
OF THE ACT
RESOLUTION OF THE BOARD
(by J. Marlin):
P.A.
85—1331
(also known as HB 4039) added
a new Section
7.2
to the Environmental Protection Act.
Section 7.2 provides that,
effective January 1,
1989:
The Board
shall collect filing fees as prescribed
in
this Act.
The fees shall be deposited
in the Pollution
Control Board Fund.
The filing fees shall
be as follows:
(a)
Petition
for site—specific regulation,
$75.00;
(b)
Petition for variance,
$75.00;
(c)
Petition for review of permit, $75.00;
(d)
Petition
to contest local government decision
pursuant
to Section 40.1,
$75.00;
(e)
Petition
for
an adjusted
standard, pursuant
to
Section
28.1,
$75.00.
In Docket R88—5,
In The Matter Of:
Procedural Rules
Revision,
35 Iii.
Adm.
Code
101,
102,
and 106,
the Board had
proposed regulations
to implement Section 7.2
as well
as other
recent amendments
to the Act.
Due to the volume and nature of
the public comment submitted
in that proceeding,
this docket
remains under advisement.
As the R88—5 regulations cannot be
in place on January 1,
1989,
the Board will fulfill
the mandate of Section 7.2
consistent with the procedures outlined
in this Resolution
until
procedural
rules
are
in place.
1.
A person filing
an action for which
a filing fee
is
prescribed by Section 7.2
of the Act,
above,
shall pay
that fee
at the time of filing
of the petition.
The fee
requirement applies
to petitions received at the Board~s
offices
on an~after January
2,
1989,
regardless
of when
service was initiated.
94—259
—2—
2.
The Board construes
the fee requirement
of Section
7.2(b)
“petition
for variance” applying only
to
variances
filed pursuant
to Section
35(a)
of the Act.
No filing fee
is required
for provisional variances
pursuant
to Section 35(b)
of
the Act.
3.
The Board construes
the fee requirement
of Section
7.2(c)
“petition
for review of permit”
as applying to~
all actions brought pursuant
to Section
40
of the Act.
4.
Filing fees may be paid by cashier’s check, money order,
certified check,
or personal check made payable
to the
Illinois Pollution Control Board.
Cash payments will be
accepted,
but are strongly discouraged.
5.
The Board will not deem petitions
in actions
subject to
Section
7.2 complete unless and until
checks are honored
(paid)
by the petitioner’s
bank.
Notwithstanding,
for
the purposes
of computation of any decision deadline in
actions subject
to Section 7.2(b),
(c),
or
(d),
the
Board will presume
that the filing fee has been paid at
the time of filing of the petition and check,
if the
check
is honored upon its initial presentation
to
petitioner’s bank.
6.
In the event
a check
is dishonored
(not paid)
or not
submitted with
a petition,
the Board will enter
an
appropriate “sanctions” order
in that action.
Such
orders may include extensions
of time
for payment,
dismissal
of an action for non—payment,
or
in actions
with decision deadlines,
re—computation
of the decision
deadline
to exclude the time
in which the filing fee
remained uncollected without leave of the Board.
To ensure that affected persons are made aware of
these new
filing fee requirements,
the Board will:
(a)
Mail
a copy of
this Resolution
to all persons
on the
R88—5 notice list;
(b)
Publish this Resolution
in the Environmental Register
and
(c)
Provide copies of this
Resolution
to persons filing
petitions
prior
to the effective date of procedural
rules
implementing Section 7.2.
Finally,
the Board would appreciate any assistance that the
environmental bar,
industry and trade associations,
and
94—260
—3—
environmental groups can give
in making these requirements known
to their members.
IT IS
SO RESOLVED.
I, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, her~by certify that t~e2above Resolution was adopted on
the
~
day of~
/~
-,~/~-&,
1988 by
a vote
of
7—0
/1
/1
1
~
‘/4
/‘~~
Dorothy
M.,/,,Gunn, Clerk
Illinois Pollution Control
Board
94—261