Title 35

Environmental Protection Agency

§ 690.Contents

Subtitle F

Part 690 - 1

January 18, 1990

Section

690.101 Purpose

690.102 Applicability

690.103 Definitions

690.104 Relation to Other Fee Systems

690.105 Severability

Section

690.201 Amount of the Fee

690.202 Permit Application Modifications

690.203 Manner of Payment

690.204 Prohibition Against Refund

690.205 Audit and Access to Records

Section

690.301 Permit Application Containing the Entire Fee

690.302 Permit Application not Containing the Entire Fee

AUTHORITY: Implementing and authorized by Section 16.1 of thee Environmental Protection Act (Ill. Rev.

Stat. 1987, ch. 111 1/2, par. 1016.1, as added by P.A. 86-670, effective January 1, 1990).

SOURCE: Adopted at 14 Ill. Reg. 2070, effective January 18, 1990.

Section 690.101

Purpose

The purpose of this part is to establish procedures for the collection of fees for construction permits,

emergency construction permits, or as-built plans to install or extend water main.

Section 690.102

Applicability

a) Except as provided otherwise in subsection (b), this Part applies to each applicant:

1) For a construction permit under Title IV of the Act, or 35 Ill. Adm. Code: Subtitle F, to install or

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Title 35

Environmental Protection Agency

§ 690.103

Subtitle F

Part 690 - 2

January 18, 1990

extend water main;

2) Who submits as-built plans under Title IV of the Act, or 35 Ill. Adm. Code: Subtitle F, to install or

extend water main; or

3) For an emergency construction permit under Title IV of the Act, or 35 Ill. Adm. Code: Subtitle F, to

install or extend water main.

b) This part does not apply to:

1) The installation or extension of water main that is not more than 200 feet in length.

2)

Any Department, agency or unit of state government for installing or extending a water main;

3)

Any unit of local government with which the Agency has entered into a written delegation agreement

under Section 4 of the Act which allows such unit to issue construction permits under Title IV of the

Act, or regulations adopted thereunder, for installing or extending a water main; or

4)

Any unit of local government for installing or extending a water main where all of the following

conditions are met:

A)

The cost of the installation or extension is paid wholly from monies of the unit of local

government, state grants or loans, federal grants or loans, or any combination thereof;

B)

The unit of local government is not given monies, reimbursed or paid, either in whole or in

part, by another person (except for state grants or loans or federal grants or loans) for the

installation or extension (Section 16.1(f) of the Act);

and

C)

The applicant certified in the construction permit application that subsections (b)(3)(A) and

(b)(3)(B) have been met.

Section 690.103

Definitions

a) Unless specified otherwise, all terms shall have the meaning set forth in the Act:

b) For purposes of this Part, the following definitions apply:

"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1987. ch 1112, pars. 1001 et seq.).

"Agency" means the Illinois Environmental Protection Agency.

"Applicant" means a person who applies for a construction permit or emergency construction permit to

install or extend water main, or who submits as-built plans to install or extend water main, pursuant to Title

IV of the Act or 35 Ill. Adm. Code: Subtitle F.

"Fee" means the fee prescribed by Section 16.1 of the Act.

"Water Main" means any pipe that is to be used for the purpose of distributing potable water which serves

or is accessible to more than one property, dwelling, or rental unit, and that is exterior to buildings.

(Section 16.1(h) of the Act)

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Title 35

Environmental Protection Agency

§ 690.104

Subtitle F

Part 690 - 3

January 18, 1990

Section 690.104

Relation to Other Fee Systems

The fees collected pursuant to this Part, and the fee collection procedures set forth in this Part, are separate

from and in addition to all other fees and fee systems established by law.

Section 690.105

Severability

If any provision of this Part or the application thereof to any person or in any circumstance is adjudged invalid,

such adjudication shall not affect the validity of this Part as a whole or any provision thereof not adjudged

invalid.

Section 690.201

Amount of the Fee

a) Each applicant subject to this Part pursuant to Section 690.102 shall pay a fee along with the permit

application or as-built plan.

b)

The amount of the fee is as follows:

1)

$120 if the construction permit application

or as-built plan

is to install or extend water main that is

more than 200 feet, but not more than 1000 feet in length;

2)

$360 if the construction permit application

or as-built plan

is to install or extend water main that is

more than 1000 feet but not more than 5000 feet in length;

3)

$600 if the construction permit application

or as-built plan

is to install or extend water main that is

more than 5000 feet in length.

(Section 16.1(d) of the Act)

Section 690.202

Permit Application Modifications

Prior to a final Agency decision on a permit application for which a fee has been paid under this

Part,

the

applicant may propose modifications to the application in accordance with the Act and regulations adopted

thereunder

without any additional fee becoming due unless the proposed modifications cause the length of

water main to increase beyond the length specified in the permit application before the modifications. If the

modifications cause such an increase and the increase results in additional fees being due under

Section

690.201,

the applicant shall submit the additional fee to the Agency with the proposed modifications.

(Section

16.1(e) of the Act)

Section 690.203

Manner of Payment

a) Except as provided otherwise in subsection (b), payment of the fee must be by check or money order

payable to "Treasurer, State of Illinois" and shall be submitted along with the permit application or as-built

plans to:

Illinois Environmental Protection Agency

Division of Public Water Supplies

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

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Title 35

Environmental Protection Agency

§ 690.204

Subtitle F

Part 690 - 4

January 18, 1990

b)

Each applicant for an emergency construction permit under

Title IV of the Act,

or regulations adopted

thereunder,

to install or extend a water main shall submit the appropriate fee

due under Section 690.201

to the Agency within 10 calendar days from the date of issuance of the emergency construction permit.

(Section 16.18 of the Act)

c) Payment shall not include any fees due to the Agency for any purpose other than the fee due under

Section 690.201.

Section 690.204

Prohibition Against Refund

Any fee remitted to the Agency under this Part shall not be refunded at any time for any reason, either in whole

or in part.

Section 690.205

Audit and Access to Records

a) Each applicant for which a fee is due under this Part shall preserve and maintain all records relating to

calculation of the fee for at least 5 years after the date on which the permit application is received by the

Agency.

b) The records described in subsection (a) shall be available to the agency or its authorized representative

(e.g. auditor, contractor) for examination during normal business hours.

Section 690.301

Permit Applications Containing the Entire Fee

a) Applications received by the Agency will be logged in and assigned a receipt date and number if the

following conditions are met:

1) The application is complete in accordance with Title IV of the Act and regulations adopted

thereunder; and

2) The entire fee due under Section 690.201 is included with the application.

b)

The Agency shall, not later than 45 days following the receipt of both an application for a water main

extension construction permit and the fee required by this

Part,

either approve that application and issue

a permit or tender to the applicant a written statement setting forth with specificity the reasons for the

disapproval of the application and denial of a permit

in accordance with Section 39(a) of the Act.

If there

is no final action by the Agency within 45 days after the filing of the application for a permit, the applicant

may deem the permit issued.

(Section 16.1(I) of the Act)

c) If modifications to the permit application are received by the Agency from the applicant within 90 days of

the date of permit denial in accordance with subsection (b), and if such modifications would allow approval

of the application, a permit will be issued without additional fees becoming due under this Part, unless the

modifications cause the length of water main to increase beyond the length specified in the permit

application before the modifications. If the modifications cause such an increase and the increase results

in additional fees being due under Section 690.201, the applicant shall submit the additional fee to the

Agency with the modifications.

d) Except in those cases where permit denial has been appealed to the Illinois Pollution Control Board in

accordance with Section 40 of the Act, modifications received by the Agency more than 90 days after the

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Title 35

Environmental Protection Agency

§ 690.302

Subtitle F

Part 690 - 5

January 18, 1990

date of permit denial in accordance with subsection (b) shall be considered new applications subject to

the fees specified in Section 690.201.

Section 690.302

Permit Applications Not Containing the Entire Fee

Applications not containing the entire fee shall be considered incomplete and the permit shall be denied by

the Agency. The Agency shall take the following actions in response to such applications:

a) The Agency shall deposit any fees submitted along with the application and shall notify the applicant by

certified mail of the fee deficiency and of the permit denial. Within 30 days the applicant must submit the

balance of the fee that is due.

b) If the entire fee due is received by the Agency within 30 days of issuance of the notice under subsection

(b), the Agency shall log in the receipt of the application and review it in accordance with Section 690.301.

The 45 day review period described in Section 690.301(b) shall commence on the date of receipt

assigned in accordance with Section 690.301(a).