251.101 | Purpose |
251.103 | Definitions |
SUBPART B: PROCEDURES FOR BILLING AND COLLECTION OF | |
AIR POLLUTION SITE FEES | |
Section | |
251.201 | Amount of Air Pollution Site Fee |
251.202 | Withdrawal of Permits |
251.203 | Agency Billing Procedures |
251.208 | Time and Method of Payment |
251.210 | Form of Payment |
251.212 | Return of Site Fee (Repealed) |
251.215 | Prohibition Against Refund |
SUBPART C: RESOLUTION OF DISPUTES | |
Section | |
251.301 | Request for Reconsideration |
251.305 | Effect of Request for Reconsideration |
251.308 | Agency Response |
251.310 | Appeal of Final Agency Action |
SUBPART A: INTRODUCTION |
"Act": the Environmental Protection Act [415 ILCS 5]. | |
"Agency": The Environmental Protection Agency established by the Act. | |
"Annual": Of the period of one year commencing on the original billing date of a particular air pollution site fee. | |
"Annual Fee": The air pollution site fee prescribed by Section 9.6 of the Act and collected by the Agency pursuant to this Part. | |
"Permitted to Emit": The sum of allowable emissions of regulated pollutants at a site from all emission sources which have received an operating permit from the Agency's Bureau of Air. | |
"Regulated Air Pollutant": Any contaminant which is emitted to the atmosphere and which is regulated under the Act or the regulations of the Illinois Pollution Control Board and receives an air pollution operating permit after January 1, 1986. | |
"Site": Any location, place, tract of land, and facilities, including but not limited to, buildings and improvements used for purposes subject to regulation or control by the Environmental Protection Act or regulations thereunder. | |
SUBPART B: PROCEDURES FOR BILLING AND COLLECTION | |
OF AIR POLLUTION SITE FEES |
a) | Except as provided in Section 39.5 of the Act, an annual air pollution site fee shall be paid by the owner or operator of an air pollution site, in accordance with the requirements of this Part, in the amounts set forth as follows: |
1) | For any site permitted to emit less than 25 tons per year of any combination of regulated air pollutants except greenhouse gases, the annual site fee shall be $200, increasing, beginning January 1, 2012, to $235 per year for lifetime operating permits and $235 per year for federally enforceable State operating permits. |
2) | For any site permitted to emit at least 25 tons per year but less than 100 tons per year of any combination of regulated air pollutants, except greenhouse gases, the annual site fee shall be $1,800 and increases, beginning January 1, 2012, to $2,150 per year. |
3) | For any site permitted to emit at least 100 tons per year but not more than 191 tons per year of any combination of regulated air pollutants, except greenhouse gases, the annual site fee shall be $18.00 per ton, increasing January 1, 2012 to $21.50 per ton. |
4) | For any site permitted to emit more than 191 tons per year of any combination of regulated air pollutants, except greenhouse gases, the annual site fee shall be $3,500, increasing to $4,112 beginning January 1, 2012. |
5) | The provisions of this Section shall not apply to a site permitted solely as a retail liquid dispensing facility that has air pollution control equipment. |
b) | The Agency shall annually assess the amount of the air pollution site fee due based upon its records of permitted sites and allowable emissions from those sites. |
c) | It shall be the obligation of the owner or operator to notify the Agency's Bureau of Air, in writing, of the cessation of or reduction in the operation at the site and to request revision or withdrawal of all appropriate operating permits. Notification and requests shall be sent to: |
Illinois Environmental Protection Agency | |
Bureau of Air, Permit Section | |
Attention: Records Unit | |
P.O. Box 19276 | |
Springfield, Illinois 62794-9276 | |
a) | The amount of the air pollution site fee and the due date of payment shall be included on a billing statement sent to the owner or operator of a site by the Agency's Bureau of Air. |
b) | For each year subsequent to the year of issuance as described in subsection (a), the amount of the air pollution site fee and the due date of payment shall be included on a billing statement addressed to the owner or operator of a site and mailed by the Agency at least 30 days prior to the due date of payment. |
c) | In the event of an increased assessment in fees, the Agency shall notify the owner or operator of a site of such increase with the annual billing. |
d) | If the owner or operator of a site has elected to use the advance payment method described in Section 251.208(a)(2), the annual billing statement shall include notification of increased assessment in fees, the status of the fee account, and a statement of any additional fees due to the Agency from the owner or operator of the site. |
a) | |
The owner or operator of a site shall make payment to the Agency by either of the following methods: |
1) | |
Payment shall be made annually in the amount described in Section 251.201; or |
2) | |
Payment may be made in advance in the amount described in Section 251.201 multiplied by the number of years for which the operating permit has been issued to the owner or operator of a site by the Agency's Bureau of Air or multiplied by the number of years remaining on the longest-term valid operating permit issued to the owner or operator of a site. |
b) | |
The due date of payment for each year shall be on the date 45 days subsequent to the original billing date. |
a) | Payment shall be made by check or money order payable to "Treasurer, State of Illinois," and shall be accompanied by the site name and identification number assigned by the Agency's Division of Air Pollution Control. |
b) | Payment shall be mailed to: |
Illinois Environmental Protection Agency | |
Fiscal Services Section | |
1021 North Grand Avenue East | |
P.O. Box 19276 | |
Springfield, Illinois 62794-9276 |
c) | Payment shall not include any fees due to the Agency for any purpose other than the air pollution site fee. |
SUBPART C: RESOLUTION OF DISPUTES |
a) | The owner or operator of a site shall request reconsideration of the amount of the air pollution site fee as determined by the Agency pursuant to Section 251.201(a)(1) and (2) within 30 days after issuance of a billing statement. Failure to request reconsideration within this period shall constitute waiver of all rights to seek reconsideration of the amount from the Agency and will result in waiver of right to appeal pursuant to Section 251.310. |
b) | All requests for reconsideration shall be in writing and shall include all pertinent facts and arguments in support of the request. Such requests shall be addressed to: |
Illinois Environmental Protection Agency | |
Bureau of Air, Permit Section | |
Attention: Records Unit | |
P. O. Box 19276 | |
Springfield, Illinois 62794-9276 | |