TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER III: NORTHEASTERN ILLINOIS PLANNING COMMISSION
PART 399
FEES FOR REVIEWING APPLICATIONS TO CHANGE THE BOUNDARIES OF A
WASTEWATER FACILITY PLANNING AREA
SUBPART A: GENERAL
Section
399.10 Purpose
399.20 Definitions
399.30 Related Documents
399.40 Applicability
399.50 Relation to Other Fees
399.60 Severability
SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES
Section
399.110 Applicants Not Subject to Fees
399.120 Fee Calculation
399.130 Manner of Payment
399.140 Refund Agreements
APPENDIX A Rates Charged Per Acre
AUTHORITY: Implementing and authorized by Section 33.5 of the Northeastern
Illinois Planning Act [70 ILCS 1705/33.5].
SOURCE: Adopted at 18 Ill. Reg. 9470, effective June 9, 1994; amended at
21 Ill. Reg. 10057, effective June 17, 1997; amended at 24 Ill. Reg. 12570,
effective August 7, 2000.
SUBPART A: GENERAL
Section 399.10 Purpose
The purpose of this Part is to establish procedures for the collection of
fees from applicants requesting the Northeastern Illinois Planning
Commission (the Commission) to review an application to change the
boundaries of a wastewater facility planning area under Section 33.5 of the
Northeastern Illinois Planning Act (the Act).
Section 399.20 Definitions
Unless specified otherwise, all terms shall have the meaning set forth in
the Act.
For the purposes of this Part, the following definitions shall apply:
Agency means the Illinois Environmental Protection Agency.
Applicant means a private or public entity authorized under the
provisions of the Clean Water Act to seek amendments to the
Illinois Water Quality Management Plan (the Plan), which includes
a facility planning agency or designated management agency for the
area that is the subject of the proceeding or the Illinois
Environmental Protection Agency and the Commission.
Commission means the Northeastern Illinois Planning Commission.
Completed Application means the Northeastern Illinois Planning
Commission's Water Quality Management Plan Amendment Application
with all sections completed that relate to facility planning area
boundaries.
Designated Management Agency (DMA) means a private or public
entity that, under the provisions of the Clean Water Act, has the
responsibility of planning, treating or transporting liquid
domestic wastewater and its residual solids.
Facility Planning Area (FPA) means a defined geographical area for
the planning, treatment or transport of liquid domestic wastewater
and its residual solids.
Fee means the fee authorized by Section 33.5 of the Act.
Level I processing means review by the Commission of a request for
boundary changes that are areawide in their impact or that have
extensive ramifications to the Plan or the implementation process.
These ramifications include, but are not limited to, requests
judged by the Commission to have a regional impact. The
Commission looks for substantial intergovernmental controversy;
the potential for regional water quality, environmental,
development and population growth impacts; and a major impact on
other State or regional plans and policies. Any amendment request
that proposes a reduction in the Agricultural Preservation Area
identified in the Northeastern Illinois Planning Commission's
Strategic Plan for Land Resource Management exceeding 100 acres or
more requires Level I processing.
Level II processing means review by the Commission's Water
Resources Committee of a request for boundary changes that affect
only a limited geographic area or, if areawide, that have only
limited policy implications. These types of changes include, but
are not limited to, changes to population projections for the
twenty-year planning period set forth in approved facility plans,
new designated management agencies, termination of a designated
management agency, changes to facility planning area boundaries,
new or modified sewage treatment works not identified in areawide
or State water quality plans and other activities where a
significant amount of public interest or concern exists.
Level III processing means review by the Commission's staff of a
request for those plan changes that do not involve policy changes,
but rather reflect changes and corrections in the factual basis of
the plan and its supporting wastewater facility tables.
Section 399.30 Related Documents
The following are materials discussed in this Part. Copies are available
for public inspection or distribution at the Northeastern Illinois Planning
Commission, 222 S. Riverside Plaza, Suite 1800, Chicago IL 60606.
a) Illinois Water Quality Management Plan, State of Illinois
Environmental Protection Agency, 1992.
b) Water Quality Management Plan -- Amendment Process and Procedures,
Northeastern Illinois Planning Commission, 1992.
c) Water Quality Management Plan -- Amendment Application,
Northeastern Illinois Planning Commission, 1992.
Section 399.40 Applicability
This Part applies to each applicant who wishes to change the boundaries of
a wastewater facility planning area through an amendment to the Illinois
Water Quality Management Plan required under the Federal Clean Water Act.
A fee schedule has been developed that will provide a system to recover the
costs of performing certain types of Level I and II submittals, including
land treatment as well as other methods of wastewater treatment, seeking
amendment of applicable State and areawide water quality plans to reflect
the establishment of a new wastewater facility planning area or a change in
the boundaries of an existing wastewater facility planning area.
Section 399.50 Relation to Other Fees
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
established by law.
Section 399.60 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.
SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES
Section 399.110 Applicants Not Subject to Fees
The following applicants are not subject to the fee schedule established in
Section 399.120 below:
a) Any Level III applicant; or
b) Any Level I or II applicant whose submittal does not require a
change in a facility planning area boundary.
Section 399.120 Fee Calculation
a) The amount of the fees to be charged for Commission review under
this Part are as follows:
1) Submittals involving 10 or fewer acres .........$10.00/acre.
2) Submittals involving more than 10 acres
but less than 20 acres .............$100.00.
3) Submittals involving 20 acres or more ...........The number
of acres multiplied
by the applicable
rate established in
Appendix A.
b) The per acre rates established in this Section 399.120 are
contingent upon the Commission receiving funding from the Agency
in an amount sufficient for the Commission to recover, when
combined with the fee paid pursuant to this Section, the
Commission's costs of performing these reviews. If the Commission
receives such funding from the Agency, the rates established in
column A of Appendix A will apply. If the Commission does not
receive sufficient funding from the Agency, the rates in column B
of Appendix A will apply.
Section 399.130 Manner of Payment
a) Payment of the fee must be made by check, independently for each
request application, payable to Northeastern Illinois Planning
Commission, and shall be submitted, along with the request
application, to:
Northeastern Illinois Planning Commission
222 S. Riverside Plaza
Suite 1800
Chicago IL 60606
b) Payment shall not include any fees due to the Commission for any
purpose other than the fee due under Section 399.120 of this Part.
c) No application will be processed without full payment of the
applicable fee. If the application does not include full payment,
the Commission will promptly contact the applicant to inform the
applicant of the incomplete application.
Section 399.140 Refund Agreements
a) The Commission will complete a review within 90 working days after
receipt of a complete application for a change in the boundaries
of a wastewater facility planning area. Application completeness
will be determined within four working days after receipt. If the
Commission fails to complete the review within the required time
period, the review fee paid by the applicant shall be refunded in
full to the applicant. (Section 33.5(c) of the Act)
b) The 90 working day period may be extended by the applicant either
by a request or an agreement with the Commission. (Section 33.5(c)
of the Act)
c) If the applicant withdraws the application after the Commission
has accepted the application for review, the fee will not be
refunded.
Section 399.APPENDIX A Rates Charged Per Acre
Date Commission Column A Column B
Receives (With Agency Funding (Without Agency
Application pursuant to Funding pursuant to
Section 399.120) Section 399.120)
6/1/2000-5/31/2001 $10.00 $10.00
6/1/2001-5/31/2002 $10.00 $10.00
6/1/2002-5/31/2003 $10.00 $10.00
(Source: Amended at 24 Ill. Reg. 12570, effective August 7, 2000)