1. Section 399.10 Purpose
      2. Section 399.20 Definitions
      3. Section 399.30 Related Documents
      4. Section 399.40 Applicability
      5. Section 399.50 Relation to Other Fees
      6. Section 399.60 Severability
      7. Section 399.110 Applicants Not Subject to Fees
      8. Section 399.120 Fee Calculation
      9. Section 399.130 Manner of Payment
      10. Section 399.140 Refund Agreements
      11. Section 399.APPENDIX A Rates Charged Per Acre

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)

 

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