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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