TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 690

PERMIT FEES FOR INSTALLING OR EXTENDING WATER MAIN

SUBPART A: GENERAL

Section

690.101

Purpose

690.102

Applicability

690.103

Definitions

690.104

Relation to Other Fee Systems

690.105

Severability

SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES

Section

690.201

Amount of the Fee

690.202

Permit Application Modifications

690.203

Manner of Payment

690.204

Prohibition Against Refund

690.205

Audit and Access to Records

SUBPART C: PROCEDURES FOR PROCESSING PERMIT

APPLICATIONS FOR WHICH FEES APPLY

Section

690.301

Permit Applications Containing the Entire Fee

690.302

Permit Applications Not Containing the Entire Fee

AUTHORITY: Implementing and authorized by Section 16.1 of the Environmental Protection

Act [415 ILCS 5/16.1, as added by P.A. 93-32, effective July 1, 2003].

SOURCE: Adopted at 14 Ill. Reg. 2070, effective January 18, 1990; amended at 33 Ill. Reg.

9735, effective June 25, 2009.

SUBPART A: GENERAL

Section 690.101 Purpose

The purpose of this part is to establish procedures for the collection of fees for construction permits,

emergency construction permits, or as-built plans to install or extend water main.

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Section 690.102 Applicability

a)

Except as provided otherwise in subsection (b), this Part applies to each applicant:

1)

For a construction permit under Title IV of the Act, or 35 Ill. Adm. Code:

Subtitle F, to install or extend water main;

2)

Who submits as-built plans under Title IV of the Act, or 35 Ill. Adm.

Code: Subtitle F, to install or extend water main; or

3)

For an emergency construction permit under Title IV of the Act, or 35 Ill.

Adm. Code: Subtitle F, to install or extend water main.

b)

No fee shall be due under this Section from:

1)

Any

department, agency or unit of State government for installing or

extending a water main;

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 IV of the Act,

or regulations

adopted

under Title IV,

for installing or extending a water main; or

3)

Any

unit of local government for installing or extending a water main

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 16.1(f) of the Act)

(Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009)

Section 690.103 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:

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"Act" means the Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency.

"Applicant" means a person who applies for a construction permit or emergency

construction permit to install or extend water main, or who submits as-built plans

to install or extend water main, pursuant to Title IV of the Act or 35 Ill. Adm.

Code: Subtitle F.

"Fee" means the fee prescribed by Section 16.1 of the Act.

"

Water Main" means any pipe that is to be used for the purpose of distributing

potable water which serves or is accessible to more than one property, dwelling,

or rental unit, and that is exterior to buildings.

(Section 16.1(h) of the Act)

(Source: Amended at 33 Ill. Reg.9735, effective June 25, 2009)

Section 690.104 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 690.105 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 690.201 Amount of the Fee

a)

Each applicant subject to this Part pursuant to Section 690.102 shall pay a fee

along with the permit application or as-built plan.

b)

The amount of the fee is as follows:

1)

$240 if the construction permit application

or as-built plan

is to install or

extend water main that is more than 200 feet, but not more than 1000 feet

in length;

2)

$720 if the construction permit application

or as-built plan

is to install or

extend water main that is more than 1000 feet but not more than 5000 feet

in length;

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3)

$1200 if the construction permit application

or as-built plan

is to install or

extend water main that is more than 5000 feet in length.

(Section 16.1(d)

of the Act)

(Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009)

Section 690.202 Permit Application Modifications

Prior to a final Agency decision on a permit application for which a fee has been paid under this

Part,

the applicant may propose modifications to the application in accordance with the Act and

regulations adopted

thereunder

without any additional fee becoming due unless the proposed

modifications cause the length of water main to increase beyond the length 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 690.201,

the applicant shall submit the additional

fee to the Agency with the proposed modifications.

(Section 16.1(e) of the Act)

Section 690.203 Manner of Payment

a)

Except as provided otherwise in subsection (b), payment of the fee must be by

check or money order payable to "Treasurer, State of Illinois" and shall be

submitted along with the permit application or as-built plans to:

Illinois Environmental Protection Agency

Division of Public Water Supplies

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

b)

Each applicant for an emergency construction permit under

Title IV of the Act,

or regulations adopted

thereunder,

to install or extend a water main shall submit

the appropriate fee

due under Section 690.201

to the Agency within 10 calendar

days from the date of issuance of the emergency construction permit.

(Section

16.1(c) of the Act)

c)

Payment shall not include any fees due to the Agency for any purpose other than

the fee due under Section 690.201.

(Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009).

Section 690.204 Prohibition Against Refund

Any fee remitted to the Agency under this Part shall not be refunded at any time for any reason,

either in whole or in part.

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Section 690.205 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) 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 690.301 Permit Applications Containing the Entire Fee

a)

Applications received by the Agency will be logged in and assigned a receipt date

and number if the following conditions are met:

1)

The application is complete in accordance with Title IV of the Act and

regulations adopted thereunder; and

2)

The entire fee due under Section 690.201 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 Section 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

16.1(i) of the Act)

c)

If modifications to the permit application are received by the Agency from the

applicant within 90 days of the date of permit denial in accordance with

subsection (b), 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 modifications cause the length of water main to increase beyond the

length 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 690.201, the applicant shall submit the additional fee to

the Agency with the modifications.

d)

Except in those cases where permit denial has been appealed to the Illinois

Pollution Control Board in accordance with Section 40 of the Act, modifications

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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 690.201.

(Source: Amended at 33 Ill. Reg. 9735, effective June 25, 2009)

Section 690.302 Permit Applications Not Containing the Entire Fee

Applications not containing the entire fee shall be considered incomplete and the permit shall be

denied by the Agency. 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 by certified mail of the fee deficiency and of the permit denial.

Within 30 days the applicant must submit the balance of the fee that is due.

b)

If the entire fee due is received by the Agency within 30 days of issuance of the

notice under subsection (b), the Agency shall log in the receipt of the application and

review it in accordance with Section 690.301. The 45 day review period described in

Section 690.301(b) shall commence on the date of receipt assigned in accordance

with Section 690.301(a).