1. Section 320.101 Definitions
      2. Section 320.102 Purpose
      3. Section 320.103 Applicability
      4. Section 320.104 Relation to Other Fee Systems
      5. Section 320.105 Severability
      6. Section 320.201 Amount of the Fee
      7. Section 320.202 Manner of Payment
      8. Section 320.203 Prohibition Against Refund
      9. Section 320.204 Audit and Access to Records
      10. Section 320.301 Permit Applications Containing the Entire Fee
      11. Section 320.302 Permit Applications Not Containing the Entire Fee

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.

 

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