WASTE FEE SYSTEM

SUBPART A: GENERAL PROVISIONS

Section

858.101

Applicability

858.102

Definitions

858.103

Exemptions from Fee System

858.104

Retention of Records

858.105

Certification

858.106

Severability

858.107

Landfills Maintaining Records under Subparts B and C

SUBPART B: PROCEDURES FOR MAINTAINING RECORDS WHERE THE

QUANTITY OF WASTE HAS BEEN WEIGHED

Section

858.201

Applicability

858.202

Records

858.203

Daily Solid Waste Record

858.204

Quarterly Solid Waste Summary (Recodified)

858.205

Supplemental Solid Waste Record (Recodified)

858.206

Monthly Solid Waste Record

858.207

Quarterly Solid Waste Summary

858.208

Revisions to Monthly Solid Waste Record and Quarterly Solid Waste

Summary

SUBPART C: PROCEDURES FOR MAINTAINING RECORDS WHERE THE

QUANTITY OF WASTE HAS NOT BEEN WEIGHED

Section

858.301

Applicability

858.302

Records

858.303

Daily Solid Waste Record

858.304

Quarterly Waste Summary (Recodified)

858.305

Supplemental Solid Waste Record (Recodified)

---

858.306

Measurement (Recodified)

858.307

Monthly Solid Waste Record

858.308

Quarterly Solid Waste Summary

858.309

Revisions to Monthly Solid Waste Record and Quarterly Solid Waste

Summary

858.310

Measurement

SUBPART D: PROCEDURES FOR PAYMENT OF FEES

Section

858.401

Quarterly Submission of Payment

858.402

Manner of Payment

AUTHORITY

: Implementing and authorized by Section 22.15 of the Environmental

Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 1022.15) [415 ILCS 5/22.15].

SOURCE

: Emergency Rules adopted at 11 Ill. Reg. 1668, effective January 1, 1987,

for a maximum of 150 days; adopted at 11 Ill. Reg. 9605, effective May 15, 1987;

Sections 858.204, 858.205, 858.304, 858.305 and 858.306 recodified to Sections

858.207, 858.208, 858.308, 858.309 and 858.310, respectively, at 13 Ill. Reg. 5945;

amended at 13 Ill. Reg. 17428, effective October 31, 1989; amended at 14 Ill. Reg.

16913, effective October 1, 1990; amended at 17 Ill. Reg. 4190, effective March 26,

1993.

Section 858.101 Applicability

The regulations of this Part apply to

owners and operators of sanitary landfills

permitted or required to be permitted by the Agency to

 

permanently

 

dispose of solid

waste if the sanitary landfill is located off the site where such waste was produced and

if such sanitary landfill is owned, controlled and operated by a person other than the

generator of such waste

(Section 22.15(b) of the Environmental Protection Act (Act)

(Ill. Rev. Stat. 1988 Supp., ch. 111 1/2, par. 1022.15(b)).

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.102 Definitions

---

a) Unless specified otherwise, all terms shall have the meanings set forth in

the Environmental Protection Act ("the Act") (Ill. Rev. Stat. 1985, ch.

111 1/2 pars. 1001 et seq.) as amended.

b) For the purposes of these rules the following definitions apply:

1) "Motor vehicle" means every vehicle which is self-propelled and

any combination of vehicles which are propelled or drawn by a

vehicle which is self-propelled.

2) "Operator" means the person responsible for the overall operation

of a sanitary landfill.

3) "Owner" means a person who owns a sanitary landfill or part of a

sanitary landfill.

4) "Passenger car" means a motor vehicle designed for the carrying

of not more than ten persons, including a multi-purpose

passenger vehicle, except any motor vehicle of the Second

Division as defined in Section 1-146 of the Illinois Vehicle Code

(Ill. Rev. Stat. 1985, ch. 95 1/2, par. 1-146), and except any

motorcycle or motor driven cycle.

5) "Sanitary landfill" means a sanitary landfill to which the rules of

this Part are applicable.

6) "Solid waste" means "waste."

a) The fee payment provisions set forth in Subpart D shall not apply to:

1)

Solid waste which is hazardous waste

;

2)

Any landfill which is permitted by the Agency to receive only

demolition or construction debris or landscape waste; or

3)

The following wastes

:

A)

Pollution control waste

;

B)

Wastes from recycling, reclamation or reuse processes

which have been approved by the Agency as being

designed to remove any contaminant from wastes so as to

render such wastes reusable, provided that the process

renders at least 50% of the waste reusable

;

C)

Non-hazardous solid waste that is received at a sanitary

landfill and composted or recycled through a process

permitted by the Agency; (Section 22.15(k) of the Act)

4) Wastes permanently disposed at a sanitary landfill owned,

controlled or operated by the person who generates such wastes;

5) Wastes permanently disposed at a sanitary landfill which is

located on the site where such wastes were produced.

b) The Agency shall grant exemptions from the fee payment provisions set

forth in Subpart C in accordance with Section 22.16 and 22.16a of the

Act. Claims for such exemptions must be supported by documentation

---

substantiating that each of the statutory criteria for exemption has been

met.

c) For purposes of this Section, a waste is a "pollution control waste"

rather than an "industrial process waste" if it is a non-hazardous special

waste resulting from operation of a pollution control device authorized

or permitted pursuant to any state or federal law or any standards or

regulations thereunder.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.104 Retention of Records

Copies of all records required to be kept under this Part shall be retained by the site

operator for three years and shall be made available at the site during the normal

business hours of the operator for inspection and photocopying by the Agency.

Section 858.105 Certification

a) All records, summaries or reports submitted to the Agency as required

by this Part shall be signed by a person responsible for preparing and

reviewing such documents as part of his or her duties in the regular

course of business.

b) Any person signing a document submitted under this Part shall make the

following certification: I certify that this document and all attachments

were prepared under my direction or supervision. Based on my inquiry

of the person or persons who manage the system, or those persons

directly responsible for gathering the information, the information

submitted is, to the best of my knowledge and belief, true, accurate, and

complete. I am aware that there are significant penalties under Section

44 of the Environmental Protection Act for submitting false information,

including the possibility of fine and imprisonment for knowing

violations.

Section 858.106 Severability

If any section, subsection, sentence or clause of this Part shall be adjudged

unconstitutional, void, invalid or otherwise unlawful, such adjudication shall not affect

the validity of this Part as a whole or any section, subsection, sentence or clause

thereof not adjudged unconstitutional, void, invalid or otherwise unlawful.

Section 858.107 Landfills Maintaining Records under Subparts B and C

Under Section 22.15 of the Act, for a sanitary landfill receiving less than 150,000

cubic yards per calendar year, the fee is intended to be based on cubic yards of waste

received instead of the quantity (weight) of waste weighed. For sanitary landfills

---

which weigh the quantity of waste received but are unsure of whether they will receive

more than 150,000 cubic yards in a calendar year, the Agency advises that records be

maintained in accordance with both Subparts B and C. Unless records are maintained

under Subpart C a landfill weighing the quantity of waste received will not be able to

take advantage of the lower rates available for sanitary landfills receiving less than

150,000 cubic yards per calendar year. In addition, for those landfills receiving more

than 150,000 cubic yards per calendar year, unless records are maintained under both

Subparts B and C there will be no means by which to determine which of the two rates

($0.60 per cubic yard or $1.27 per ton) yields the lower net fee.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

SUBPART B: PROCEDURES FOR MAINTAINING RECORDS WHERE THE

Section 858.201 Applicability

The requirements of this Subpart apply to sanitary landfills where

the owner or

operator weighs the quantity of solid waste received with a device for which

certification has been obtained under the Weights and Measures Act

(Ill. Rev. Stat.

1989, ch. 147, pars. 101 et seq.) (Section 22.15(b)(1) of the Act).

(Source: Amended at 14 Ill. Reg. 16913, effective October 1, 1990)

Section 858.202 Records

a) The operator of a sanitary landfill shall keep a record of solid waste

received at the landfill. The operator shall keep the following records:

1) Daily Solid Waste Record;

2) Monthly Solid Waste Record; and

3) Quarterly Solid Waste Summary.

b) Each Monthly Solid Waste Record and Quarterly Solid Waste Summary

submitted to the Agency shall be in a form as prescribed by the Agency.

c) Operators of landfills annually receiving more than 150,000 cubic yards

of waste subject to these rules shall elect to submit each Monthly Solid

Waste Record and each Quarterly Solid Waste Summary and fee

payment on the basis of weight (i.e., pursuant to Subpart B) or on the

basis of volume (i.e., pursuant to Subpart C).

(Source: Amended at 14 Ill. Reg. 16913, effective October 1, 1990)

Section 858.203 Daily Solid Waste Record

---

a) The Daily Waste Record shall be maintained at the site and shall include

the day of the week, the date, the Agency designated site number, and

the site name and address. For each load of waste permanently disposed

at the site the following information shall be recorded in the Daily Solid

Waste Record:

1) The quantity of solid waste permanently disposed as weighed

with a device for which certification has been obtained under the

Weights and Measures Act.

2) If the waste is a non-hazardous special waste, the following

information:

A) The supplemental waste stream permit number for any

waste stream permitted under 35 Ill. Adm. Code 807.210,

or a description of the waste stream in like manner as

required for supplemental waste stream permits if such a

supplemental waste stream permit is not required; and

B) For waste streams received under authority of a

supplemental waste stream permit only, the name of the

generator.

3) If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(a), the

subparagraph under which the waste is exempted and a

description of the waste.

4) If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(b), the

following information:

A) The Agency exemption granted for the waste; and

B) The contract under which the solid waste is received.

b) Entries of the Daily Solid Waste Record as required by Subsection (a)

shall be made contemporaneously with the receipt of each load unless the

operator uses a different method of recording the required information

which assures that required information can be entered on the Daily

Solid Waste Record by the end of each business day in which case the

information must be entered in the Daily Solid Waste Record by the end

of each business day. Where an alternative method of contemporaneous

recording is used, that record, in addition to the Daily Solid Waste

Record, must be maintained in accordance with the records retention

provisions of Section 858.104.

c) At the end of each business day the operator shall record on the Daily

Solid Waste Record the total amount of waste permanently disposed in

tons weighed and the total amount of waste received that is subject to the

fee provisions of Subpart D.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

---

Section 858.204 Quarterly Solid Waste Summary (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.207 at 13 Ill. Reg. 5945)

Section 858.205 Supplemental Solid Waste Record (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.208 at 13 Ill. Reg. 5945)

Section 858.206 Monthly Solid Waste Record

a) A Monthly Solid Waste Record shall be maintained at the site and shall

include the following information:

1) The Agency designated site number, the site name and month for

which the record applies.

2) The total quantity of solid waste received, in tons weighed, for

each day of the calendar month.

3) The quantity of solid waste permanently disposed, in tons

weighed, which is exempted from the fee payment provisions,

showing the categorical exemptions which applies under Section

858.103, for each day of the calendar month.

4) The quantity of solid waste permanently disposed, in tons

weighed, which is subject to the fee payment provisions for each

day of the calendar month.

b) On or before April 15, July 15, October 15 and January 15, the landfill

owner or operator shall submit to the Agency the Monthly Solid Waste

Records for the three calendar months preceding the receipt date.

(Source: Added at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.207 Quarterly Solid Waste Summary

a) A Quarterly Solid Waste Summary shall be maintained at the site and

shall include the following information:

1) The Agency designated site number, the site name and the

calendar quarter for which the summary applies.

2) The total quantity of solid waste received in tons weighed:

A) for each month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

3) The quantity of solid waste permanently disposed in tons weighed

which is exempted from the fee payment provisions showing the

catergorical exemption which applies under Section 858.103:

A) for each month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

---

4) The quantity of solid waste permanently disposed in tons weighed

which is subject to the fee payment provisions:

A) for the month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

5) The fee rate applicable under Section 22.15 of the Act.

b) The Quarterly Solid Waste Summary shall be received by the Agency on

or before April 15, July 15, October 15 and January 15 of each year and

shall cover the three calendar months preceding the receipt date.

c) In addition to the information set forth in subsection (a), the Quarterly

Solid Waste Summary due on April 15 of each year shall include an

estimate of the gateyard capacity remaining at the site under the Agency

developmental permit then in effect as of April 1 of each year and an

estimate of the expected lifetime for that remaining capacity. All

capacity estimates shall be prepared by, or under the supervision of, a

registered professional engineer. The registered professional engineer

shall affix the name of the engineer, date of preparation, registration

number, a statement attesting to the accuracy of the capacity estimate

and a professional seal to all estimates. The remaining gateyard capacity

estimate shall be submitted to the Agency on a form provided by the

Agency.

AGENCY NOTE: "gateyard capacity" refers to the amount of waste as

measured upon receipt which the site can accept. This term does not

refer to the void space remaining in place at the disposal site.

(Source: Amended at 17 Ill. Reg. 4190, effective March 26, 1993)

Section 858.208 Revisions to Monthly Solid Waste Record and Quarterly Solid

Waste Summary

When errors in the amount of waste permanently disposed or the amount of the fee due

under Section 22.15 are discovered in any of the records required to be kept under this

Part, a revised Monthly Solid Waste Record and Quarterly Solid Waste Summary

reflecting the corrections shall be completed by the site operator and submitted to the

Agency. The revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary and any payment due the Agency shall be received by the Agency no later

than the seventh day following the discovery of the error. If the revision results in a

payment due the site, the site operator shall show the adjustment on the next Quarterly

Solid Waste Summary.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

SUBPART C: PROCEDURES FOR MAINTAINING RECORDS WHERE THE

QUANTITY OF WASTE HAS NOT BEEN WEIGHED

---

Section 858.301 Applicability

The requirements of this Subpart apply to sanitary landfills where the owner or

operator does not weigh the quantity of solid waste received with a device for which

certification has been obtained under the Weights and Measures Act (Ill. Rev. Stat.

1985, ch. 147, pars. 101 et seq.).

Section 858.302 Records

a) The operator of a sanitary landfill shall keep a record of solid waste

received at the landfill. The operator shall keep the following records:

1) Daily Solid Waste Record;

2) Monthly Solid Waste Record; and

3) Quarterly Solid Waste Summary.

b) Each Monthly Solid Waste Record and each Quarterly Solid Waste

Summary submitted to the Agency shall be in a form as prescribed by

the Agency.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.303 Daily Solid Waste Record

a) The Daily Solid Waste Record shall be maintained at the site and shall

include the day of the week, the date, the Agency designated site number

and the site name and address. For each load of waste received at the

site the following information shall be recorded in the Daily Solid Waste

Record:

1) The amount of solid waste received as measured in cubic yards.

2) If the waste is a non-hazardous special waste, the following

information:

A) The supplemental waste stream permit number for any

waste stream permitted under 35 Ill. Adm. Code 807.210,

or a description of the waste stream in like manner as

required for supplemental waste stream permits if such a

supplemental waste stream permit is not required; and

B) For waste streams received under authority of a

supplemental waste stream permit only, the name of the

generator.

3) If the waste load permanently disposed is exempt from the fee

payment provisions of Subparagraph D under Section 858.103(a),

the sub-paragraph under which the waste is exempted and a

description of the waste.

4) If the waste load permanently disposed is exempt from the fee

payment provisions of Subpart D under Section 858.103(b), the

following information:

---

A) The Agency exemption granted for the waste; and

B) The contract under which the solid waste is received.

b) Entries on the Daily Solid Waste Record as required by subsection (a)

shall be made contemporaneously with the receipt of each load, unless

the operator uses a different method of recording the required

information which assures that required information can be entered on

the Daily Solid Waste Record by the end of each business day, in which

case the information must be recorded in the Daily Solid Waste Record

by the end of each business day. Where an alternative method of

contemporaneous recording is used, that record, in addition to the Daily

Solid Waste Record, must be maintained in accordance with the records

retention provisions of Section 858.104.

c) At the end of each business day the operator shall record on the Daily

Solid Waste Record the total amount of waste received as measured in

cubic yards and the total amount of waste received as measured in cubic

yards that is subject to the fee provisions of Subpart D.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.304 Quarterly Solid Waste Summary (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.308 at 13 Ill. Reg. 5945)

Section 858.305 Supplemental Solid Waste Record (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.309 at 13 Ill. Reg. 5945)

Section 858.306 Measurement (Recodified)

(Source: Recodified to 35 Ill. Adm. Code 858.310 at 13 Ill. Reg. 5945)

a) A Monthly Solid Waste Record shall be maintained at the site and shall

include the following information:

1) The Agency designated site number, the site name and address

and the calendar month for which the record applies.

2) The total quantity of solid waste permanently disposed as

measured in cubic yards for each day of the calendar month.

3) The quantity of solid waste permanently disposed as measured in

cubic yards which is exempted from the fee payment provisions

showing the categorical exemption which applies under Section

858.103 for each day of the calendar month.

---

4) The quantity of solid waste permanently disposed as measured in

cubic yards which is subject to the fee payment provisions for

each day of the calendar month.

b) On or before April 15, July 15, October 15 and January 15, the landfill

owner or operator shall submit to the Agency the Monthly Solid Waste

Records for the three calendar months preceding the receipt date.

(Source: Added at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.308 Quarterly Solid Waste Summary

a) A Quarterly Solid Waste Summary shall be maintained at the site and

shall include the following information:

1) The Agency designated site number, the site name and address

and the month for which the record applies.

2) The total quantity of solid waste permanently disposed as

measured in cubic yards:

A) for each month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

3) The quantity of solid waste permanently disposed in tons weighed

which is exempted from the fee payment provisions showing the

categorical exemption which applies under Section 858.103:

A) for each month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

4) The quantity of solid waste permanently disposed in tons weighed

which is subject to the fee payment provisions:

A) for the month of the calendar quarter;

B) for the entire calendar quarter; and

C) for the calendar year-to-date.

5) The fee rate applicable under Section 22.15 of the Act.

b) The Quarterly Solid Waste Summary shall be received by the Agency on

or before April 15, July 15, October 15 and January 15 of each year and

shall cover the three calendar months preceding the receipt date.

c) In addition to the information set forth in subsection (a), the Quarterly

Solid Waste Summary due on April 15 of each year shall include an

estimate of the capacity remaining at the site under the Agency permits

then in effect and an estimate of the expected lifetime for that remaining

capacity.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.309 Revisions to Monthly Solid Waste Record and Quarterly Solid

Waste Summary

---

When errors in the amount of waste permanently disposed or the amount of the fee due

under Section 22.15, are discovered in any of the records required to be kept under this

Part, a revised Monthly Solid Waste Record and Quarterly Solid Waste Summary

reflecting the corrections shall be completed by the site operator and submitted to the

Agency. The revised Monthly Solid Waste Record and Quarterly Solid Waste

Summary and any payment due the Agency shall be received by the Agency no later

than the seventh day following the discovery of the error. If the revision results in a

payment due the site, the site operator shall show the adjustment on the next Quarterly

Solid Waste Summary.

(Source: Amended at 13 Ill. Reg. 17428, effective October 31, 1989)

Section 858.310 Measurement

a) Although solid waste is sometimes measured in other units, the site

operator is responsible for accurately measuring any load of waste in

cubic yards.

b) For motor vehicles with a gross vehicle weight in excess of 8,000

pounds, except passenger cars, the measurement in cubic yards for any

load of waste shall be either the rated volumetric capacity of the vehicle

delivering the load or, where charges for receiving solid waste at a

landfill are based upon the actual volume received, the actual volume

received.

c) For passengar cars, regardless of weight, and other motor vehicles with

a gross vehicle weight of 8,000 pounds or less, the measurement in cubic

yards for any load of waste shall be based on visual observation of the

volume delivered.

(Source: Recodified from 35 Ill. Adm. Code 858.306 at 13 Ill. Reg. 5945, effective

April 18, 1989)

Section 858.401 Quarterly Submission of Payment

a) Payment of the fee due under Section 22.15 of the Act shall be made on

a quarterly basis with the submission of the Quarterly Solid Waste

Summary. Such payment shall be received by the Agency on or before

April 15, July 15, October 15 and January 15 of each year and shall

cover the three calendar months preceding the receipt date.

b) For sanitary landfills subject to Subpart B, the fee payment due shall be

calculated by multiplying the quantity of solid waste received in tons

weighed which are subject to the fee payment provisions as reported on

---

the Quarterly Solid Waste Summary times the applicable rate in Section

22.15 of the Act.

c) For sanitary landfills subject to Subpart C, the fee payment due shall be

calculated as follows unless otherwise calculated pursuant to subsection

(g):

1) For payments due on April 15, July 15 and October 15:

A) Since the fee schedule is based on amount of cubic yards,

if both tons and cubic yards are reported, the quantity of

solid waste permanently disposed in tons weighed shall be

converted to cubic yards. Use the total cubic yards

amount (the cubic yard quantity received plus the

corrected tons) to determine the applicable fee. The solid

waste measured in tons subject to Subpart B should be

converted to cubic yards using either an Agency standard

rate of 3.3 cubic yards-to-ton coversion ratio or the site's

actual rate that best reflects the site's conversion ratio.

After determining the cubic yard quantity of waste

subject-to-fee, multiply the quantity of solid waste subject

to the fee payment provisions as reported on the Quarterly

Solid Waste Summary for the preceding three calendar

months by 4.

B) Based on subsection (c)(1)(A), determine the applicable

category under Section 22.15 of the Act.

C) Based on subsection (c)(1)(B), divide the annual fee by 4.

2) For payments due January 15:

A) Based on the quantity permanently disposed during the

previous calendar year determine the applicable category

under Section 22.15 of the Act.

B) Subtract the amount paid for the first, second and third

quarters from the annual fee determined under (c)(1)(A).

d) If the calculation of fees under this Section results in an overpayment,

the Agency shall credit this overpayment against fees due during the

subsequent calendar year.

e) If a sanitary landfill intends to cease receipt of waste during the calendar

year:

1) The sanitary landfill shall notify the Agency by January 15 of that

year. The notification shall include:

A) The date by which waste will cease to be received; and

B) A fee payment schedule to assure submission of fees in

accordance with Section 22.15 of the Act.

2) The Agency shall review the fee payment schedule to determine

if it will result in an underpayment or overpayment and will

notify the operator within 30 days of any deficiencies or

overpayments under the schedule.

f) If a sanitary landfill intends to begin the receipt of waste:

---

1) The sanitary landfill shall notify the Agency no less than 90 days

prior to beginning the receipt of waste. The notification shall

include:

A) The date by which waste will begin to be received; and

B) A fee payment schedule to assure submission of fees in

accordance with Section 22.15 of the Act.

2) The Agency shall review the fee payment schedule to determine

if it will result in an underpayment or overpayment and will

notify the operator within 30 days of any deficiencies or

overpayments under the schedule.

g) The fee payment due January 15 shall be determined, in all cases,

pursuant to subsection (c)(2); however, the fee payment due on April 15,

July 15 and October 15 for landfills subject to Subpart C may be

calculated as follows, provided that the owner or operator has

demonstrated that calculating such fee payments according to subsection

(c)(1) will result in an overpayment, and provided that the owner or

operator has applied in writing for Agency approval of an alternative fee

payment schedule pursuant to this subsection by February 1 of each year

which application has not been denied by March 30:

1) Utilizing historical or other relevant area-specific or facility-

specific data, estimate the annual volume of wastes subject to the

fees imposed under this Section which will be received at the site;

2) Determine the appropriate annual fee for such estimated volume

of wastes pursuant to Section 22.15 of the Act;

3) At the end of each of the first 3 quarters of the calendar year,

divide the actual volume of waste received during that quarter

subject to the fees imposed under this Section by the annual waste

volume estimated pursuant to subsection (g) (1);

4) Multiply the result of subsection (g) (3) by the annual fee

determined pursuant to subsection (g) (2): the product of this step

is the appropriate fee payment for the quarter;

AGENCY NOTE: The purpose of this subsection (g) is to allow

owners or operators of landfills receiving widely fluctuating

cyclical quarterly waste volumes (e.g., landfills whose operations

are subject to seasonal variations in waste volumes received) to

prevent extreme overpayments or underpayments for the first

three quarters of each year. Extreme overpayments are the

greater concern, inasmuch as the Agency is empowered only to

grant credits against the next year's fee obligation; refunds of

excess payments are not authorized.

(Source: Amended at 14 Ill. Reg. 16913, effective October 1, 1990)

Section 858.402 Manner of Payment

---

Payment shall be made by check or money order payable to Treasurer, State of Illinois.

Payment shall be mailed to the Agency at the following address:

Fiscal Services Section

Illinois Environmental Protection Agency

2200 Churchill Road

P.O. Box 19276

Springfield, Illinois 62794-9276