TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 251
PROCEDURES FOR COLLECTION OF AIR POLLUTION SITE FEES
SUBPART A: INTRODUCTION
Section
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251.212 Return of Site Fee (Repealed)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
AUTHORITY: Implementing Section 5 and authorized by Section 9.6 of the Environmental
Protection Act [415 ILCS 5/5 and 9.6.].
SOURCE: Adopted at 10 Ill. Reg. 19968, effective November 14, 1986; emergency
amendments at 13 Ill. Reg. 955, effective January 1, 1989 for a maximum of 150 days; amended
at 13 Ill. Reg. 8867, effective May 30, 1989; amended at 22 Ill. Reg. 6652, effective March 31,
1998; amended at 28 Ill. Reg. 1370, effective January 7, 2004.
SUBPART A: INTRODUCTION
Section 251.101 Purpose
The purpose of this Part is to establish a system for determination and for collection of air
pollution site fees, except as provided in Section 39.5 of the Act.
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
Section 251.103 Definitions
"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.
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
SUBPART B: PROCEDURES FOR BILLING AND COLLECTION
OF AIR POLLUTION SITE FEES
Section 251.201 Amount of Air Pollution Site Fee
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 below:
1) For any site permitted to emit less than 25 tons per year of any
combination of regulated air pollutants, the annual site fee shall be $100.
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, the annual
site fee shall be $1,000.
3) For any site permitted to emit at least 100 tons per year but not more than
185 tons per year of any combination of requlated air pollutants, the
annual site fee shall be $13.50 per ton.
4) For any site permitted to emit more than 185 tons per year of any
combination of regulated air pollutants, the annual site fee shall be $2,500.
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 19506
Springfield, IL 62794-9506
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
Section 251.202 Withdrawal of Permits
The owner or operator of a site remains liable for the annual site fee unless a request for
withdrawal of all operating permits is made in writing to the Agency's Division of Air Pollution
Control, Permit Section, prior to the date the site fee becomes due.
(Source: Amended at 28 Ill. Reg. 1370, effective January 7, 2004)
Section 251.203 Agency Billing Procedures
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.
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
Section 251.208 Time and Method of Payment
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.
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
Section 251.210 Form of Payment
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
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
c) Payment shall not include any fees due to the Agency for any purpose other than the air
pollution site fee.
(Source: Amended at 13 Ill. Reg. 8867, effective May 30, 1989)
Section 251.212 Return of Site Fee(Repealed)
(Source: Repealed at 13 Ill. Reg. 8867, effective May 30, 1989)
Section 251.215 Prohibition Against Refund
Any air pollution site fee remitted to the Agency in a correct amount shall not be refunded at any
time or for any reason, either in part or in full. Overpayments will be credited pursuant to
Section 251.208.
(Source: Amended at 13 Ill. Reg. 8867, effective May 30, 1989)
SUBPART C: RESOLUTION OF DISPUTES
Section 251.301 Request for Reconsideration
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 19506
Springfield, IL 62794-9506
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
Section 251.305 Effect of Request for Reconsideration
The submission of a request for reconsideration to the Agency shall automatically stay the due
date of payment to a date 30 days subsequent to final Agency action on the request for
reconsideration.
Section 251.308 Agency Response
The Agency shall respond in writing to any request for reconsideration pursuant to Section
251.305 within 30 days of receipt of the request. Such written response shall constitute final
Agency action. Failure by the Agency to respond within 30 days of receipt of the request shall
be considered a denial of the request and shall also constitute final Agency action.
Section 251.310 Appeal of Final Agency Action
The owner or operator of a site may appeal the Agency's determination of the air pollution site
fee pursuant to the Administrative Review Law [735 ILCS 5/ART. III].
(Source: Amended at 22 Ill. Reg. 6652, effective March 31, 1998)
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