TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 320
PERMIT FEES FOR INSTALLING OR EXTENDING SEWERS
SUBPART A: GENERAL
Section
320.101 Definitions
320.102 Purpose
320.103 Applicability
320.104 Relation to Other Fee Systems
320.105 Severability
SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES
Section
320.201 Amount of the Fee
320.202 Manner of Payment
320.203 Prohibition Against Refund
320.204 Audit and Access to Records
SUBPART C: PROCEDURES FOR PROCESSING PERMIT APPLICATIONS
Section
320.301 Permit Applications Containing the Entire Fee
320.302 Permit Applications Not Containing the Entire Fee
AUTHORITY: Implementing and authorized by Section 12.2 of the
Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, par.
1012.2) [415 ILCS 5/12.2].
SOURCE: Adopted at 17 Ill. Reg. 11461, effective July 8, 1993.
SUBPART A: GENERAL
Section 320.101 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:
1) "Act" means the Environmental Protection Act (Ill. Rev. Stat.
1991, ch. 111 1/2, pars. 1001 et seq.) [415 ILCS 5].
2) "Agency" means the Illinois Environmental Protection Agency.
3) "Applicant" means a person who applies for a construction
permit to install or extend sewers pursuant to Title III of
the Act or 35 Ill. Adm. Code: Subtitle C.
4) "Design Population" means:
A) for purposes of new sewer systems, wasteload in terms of
population equivalents contained within the proposed
service area covered by the permit application;
B) for purposes of sewer extensions or connections,
additional wasteload in terms of population equivalents
contained within the service area added by the entire
sewer proposed in the permit application.
5) "Fee" means the fee prescribed by Section 12.2 of the Act.
6) "Population Equivalent" means that one population equivalent
is 100 gallons of sewage per day, containing 0.17 pounds of
BOD5 (five day biochemical oxygen demand) and 0.20 pounds of
suspended solids, on the basis of the highest individual
value of the three parameters.
7) "Sewage" means water-carried human and related wastes from
any source (35 Ill. Adm. Code 301.385).
8) "Sewer" means a stationary means of transport, excluding
natural waterways, constructed and operated primarily for
the purpose of collecting and transporting sewage.
Section 320.102 Purpose
The purpose of this Part is to establish procedures for collection of fees
for construction permits from applicants for sewer construction permits
under paragraph (b) of Section 12 of the Environmental Protection Act.
Section 320.103 Applicability
a) Except as provided otherwise in subsection (b) below, this Part
applies to each applicant for a construction permit under Title
III of the Act, or 35 Ill. Adm. Code: Subtitle C, to install or
extend sewers.
b) This Part does not apply to:
1) Any Department, agency or unit of State government for
installing or extending a sewer;
2) 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 III of the Act, or regulations adopted
thereunder, for installing or extending a sewer; or
3) Any unit of local government or school district for
installing or extending a sewer where both 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 or school
district, State grants or loans, federal grants or
loans, or any combination thereof; and
B) The unit of local government or school district 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 12.2(e) of the Act)
Section 320.104 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 320.105 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.
SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES
Section 320.201 Amount of the Fee
a) Each applicant subject to this Part pursuant to Section 320.102
shall pay a fee to be submitted with the permit application. See
35 Ill. Adm. Code 370.Appendix A and 35 Ill. Adm. Code
370.Appendix B for guidance in determining design population.
b) The amount of fee is as follows:
1) $50 for any sewer constructed to serve a design population of
1.
2) $200 for any sewer constructed to serve a design population
of 2 to 20.
3) $400 for any sewer constructed to serve a design population
greater than 20 but less than 100.
4) $600 for any sewer constructed to serve a design population
of greater than 100 but less than 500.
5) $1,200 for any sewer constructed to serve a design population
of 500 or more. (Section 12.2(c) of the Act)
Section 320.202 Manner of Payment
a) Payment of the fee must be by certified or cashiers check for each
permit application payable to "Treasurer, State of Illinois",
designated to the Environmental Protection Permit and Inspection
Fund with the applicant's Federal Employee Identification Number
(FEIN) or Social Security number appearing on the face of the
check and shall be submitted along with the permit application
to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
b) Payment shall not include any fees due to the Agency for any
purpose other than the fee due under Section 320.201 of this
Part.
Section 320.203 Prohibition Against Refund
No fee remitted to the Agency under this Part shall be refunded in whole or
in part at any time or for any reason. (Section 12.2(f) of the Act)
Section 320.204 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) of this Section shall be
available to the Agency or its authorized representative (e.g.,
auditor, contractor) for examination during normal business hours.
SUBPART C: PROCEDURES FOR PROCESSING PERMIT APPLICATIONS
Section 320.301 Permit Applications Containing the Entire Fee
a) Applications received by the Agency will be logged in and assigned
a receipt date and number. The application shall be accepted if
the following conditions are met:
1) The application is complete in accordance with Title III of
the Act and regulations adopted thereunder; and
2) The entire fee due under Section 320.201 of this Part is
included with the application.
b) The Agency shall, not later than 45 days following the receipt of
both an application for a 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 Sections 12.2 and 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 12.2(g) of the Act)
c) Prior to a final Agency decision on a permit application for which
a fee has been paid under this Part, the applicant may propose
modification to the application in accordance with the Act and
regulations adopted thereunder without any additional fee becoming
due unless the proposed modifications cause an increase in the
design population served by the sewer 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 320.201 of this Part, the applicant shall submit
the additional fee to the Agency with the proposed modifications.
(Section 12.2(d) of the Act) If the applicant proposes a
modification prior to a final Agency decision on the permit
application, the 45 day review period described in Subsection
320.301(b) above shall commence on the date that such
modification and any required fee, as provided in this
subsection, is received.
d) If modifications to the permit application are received by the
Agency from the applicant within 90 days after the date of permit
denial in accordance with subsection (b) of this Section, 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 proposed modifications cause an increase in
the design population served by the sewer 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 320.201 of this Part, the applicant shall submit
the additional fee to the Agency with the modifications.
e) If modifications to an existing permit are proposed before the
date specified in the permit for completion of construction in
accordance with the Act and regulations adopted thereunder 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 proposed modifications
cause an increase in the design population served by the sewer
specified in the permit application before the modifications. If
the modifications cause such an increase additional fees will be
due under Section 320.201 of this Part, and the applicant shall
submit the additional fee to the Agency with the modifications.
f) Requests for extensions of permit expiration dates or requests for
modifications to an existing permit other than those specified in
this Section shall be considered new applications subject to the
fees specified in Section 320.201 of this Part.
g) Except in those cases where permit denial has been appealed to the
Illinois Pollution Control Board in accordance with Section 40 of
the Act, submissions received by the Agency more than 90 days
after the date of permit denial in accordance with subsection (b)
shall be considered new applications subject to the fees
specified in Section 320.201 of this Part.
Section 320.302 Permit Applications Not Containing the Entire Fee
Applications not containing the entire fee shall be considered incomplete.
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 of the fee deficiency.
Within 30 days the applicant must submit the balance of the fee
that is due.
1) If the entire fee due is received by the Agency within 30
days after issuance of the notice under subsection (a), the
Agency shall accept the application in accordance with
Section 320.301 of this Part.
2) If the required fee is not received within 30 days after the
notice of deficiency, the permit shall be considered denied.
b) The 45 day review period described in Section 320.301(b) of this
Part shall commence on the date of acceptance assigned in
accordance with Section 320.301(a) of this Part.