PROCEDURES FOR COLLECTION OF PERMIT AND INSPECTION FEES

SUBPART A: GENERAL PROVISIONS

Section

856.101

Definitions

856.102

Applicability

856.103

Relation to Other Fee Systems

SUBPART B: PROCEEDINGS FOR COLLECTION OF PERMIT AND

INSPECTION FEES

Section

856.201

Notification of Status

856.202

Changes in Status

856.203

Resolution of Disputes

856.204

Quarterly Submission of Fees

856.205

Manner of Payment

AUTHORITY

: Implementing and authorized by Section 22.8 of the Environmental

Protection Act (Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1022.8, as amended by P.A. 85-

1343, effective January 1, 1989.)

SOURCE

: Emergency rules adopted at 9 Ill. Reg. 399, effective January 1, 1985, for

a maximum of 150 days; emergency expired May 30, 1985; adopted at 9 Ill. Reg.

10754, effective July 1, 1985; amended at 13 Ill. Reg. 13212, effective August 7,

1989.

Section 856.101 Definitions

The following definitions shall apply to this Part:

"Act": The Environmental Protection Act (Ill. Rev. Stat. 1987, ch. 111

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

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"Agency":

The Environmental Protection Agency Established by the

Environmental Protection Act

(Section 3.01 of the Act).

"Calendar Quarter": Any of the quarter portions of each calendar year,

commencing respectively on January 1, April 1, July 1 and October 1.

"Hazardous Waste":

A Waste, or combination of Wastes, which because

of its quantity, concentration, or physical, chemical, or infectious

characteristics may cause or significantly contribute to an increase in

mortality or an increase in serious, irreversible, or incapacitating

reversible, illness; or pose a substantial present or potential hazard to

human health or the environment when improperly treated, stored,

transported, or disposed of, or otherwise managed, and which has been

identified, by characteristics or listing, as hazardous pursuant to Section

3001 of the Resource Conservation and Recovery Act of 1976, P.L. 94-

580, or pursuant to Board Regulations

. (Section 3.15 of the Act).

"Hazardous Waste Disposal Site":

A Site at which hazardous waste is

disposed

. (Section 3.16 of the Act).

"Hazardous Waste Management Facility": A facility at which hazardous

waste is treated, either by incineration or otherwise, or stored, either in

an impoundment, pile or otherwise.

"On-Site Hazardous Waste Disposal Site": A hazardous waste disposal

site located on the site where such waste is produced.

"Off-Site Hazardous Waste Disposal Site": A hazardous waste disposal

site located off the site where such waste is produced.

"Operational Unit": A discrete functional entity receiving or injecting

hazardous waste, comprising all or part of a hazardous waste disposal

site or hazardous waste management facility and subject to the fees

imposed by Section 22.8 of the Act.

"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

. (Section 3.43 of the Act).

"Underground Injection":

The subsurface emplacement of fluids by well

injection

. (Section 3.50 of the Act).

(Source: Amended at 13 Ill. Reg. 13212, effective August 7, 1989)

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Section 856.102 Applicability

The regulations of this Part apply to fees imposed by Section 22.8 of the Act upon

owners or operators of hazardous waste disposal sites or hazardous waste management

facilities comprised of 1 or more operational units which:

a) Require a Resource Conservation and Recovery Act (RCRA) permit

under Section 21(f) of the Act; or

b) Require an Underground Injection Control (UIC) permit under Section

12(g) of the Act.

(Source: Amended at 13 Ill. Reg. 13212, effective August 7, 1989)

Section 856.103 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.

SUBPART B: PROCEEDINGS FOR COLLECTION OF PERMIT AND

Section 856.201 Notification of Status

a) Except as otherwise provided in this Section, the Agency will, no later

than January 4, 1985, give written notification of the applicability of this

Part to the operator of any hazardous waste disposal site or hazardous

waste management facility determined to be subject to the requirements

of this Part. Such notice will include:

1) The Agency's determination of the number and types of

operational units located within the hazardous waste disposal site

or hazardous waste management facility;

2) The annual fee, and quarterly installments thereof, determined by

the Agency to be imposed upon the operator by operation of

Section 22.8 of the Act;

3) The dates upon which quarterly fee payments are due;

4) Instructions regarding the manner of payment; and

5) Instructions for initiating dispute resolution procedures under

Section 856.203.

b) Where the Agency first determines that a site is or will be subject to the

requirements of this Part but the operator has not been so notified

pursuant to subsection (a) of this Section, the Agency will promptly

notify the operator of the site in the manner specified in subsection (a) of

this Section, except that the notice shall additionally specify the amount

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and number of quarterly payments determined to be past due, if any,

based upon either the calendar quarter of commencement of hazardous

waste disposal operations or hazardous waste management operations at

the site or the first calendar quarter of 1985, whichever is later.

c) Nothing in this section shall be construed as limiting, conditioning or

extinguishing the liability of a site operator for fees owed pursuant to

Section 22.8 of the Act.

(Source: Amended at 13 Ill. Reg. 13212, effective August 7, 1989)

Section 856.202 Changes in Status

a) Whenever the number or type of operational units located within a

hazardous waste disposal site or hazardous waste management facility is

or will be changed, the operator of the site shall, on or before the date of

such change, notify the Agency in writing, specifying the nature of the

change of status; notification after the date of such change shall be

deemed not timely.

b) Whenever the Agency discovers or is advised by the operator of a

change in status (i.e., a change in the number or type of operational

units) at a hazardous waste disposal site or hazardous waste management

facility, the Agency will promptly determine the effect, if any, of such

change in status upon the permit and inspection fee for the site.

c) If a change in status hereunder results in a change in the hazardous waste

disposal site's or hazardous waste management facility's permit and

inspection fee, the Agency will promptly notify the operator of the site

in the manner specified in Section 856.201(a), except that the notice

shall additionally specify:

1) The reason for the change;

2) The date of the change;

3) The effect of such change upon the amount of future fee

payments; and

4) The amount of retroactive fee increases due, if any, by operation

of subsection (d) of this Section.

d) Where a change in status results in a change in the fee applicable to a

site, any effect of such change shall be prospective (i.e., shall be

reflected in the next quarterly installment fee payment following the

quarter in which the change occurs).

e) For purposes of this Section, the date of a site's change in status shall be

the date on which an operational unit commences operations, ceases

operations in accordance with subsection (f) of this Section or is

transformed into another type of operational unit (as where an on-site

hazardous waste disposal site begins to receive wastes not generated at

the site, thereby becoming an off-site hazardous waste disposal site).

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Note that a change in status does not necessarily affect the fee applicable

to a site.

f) The status of a site shall not be affected by temporary, seasonal or

periodic fluctuations in disposal activities at any operational unit. An

operational unit shall be deemed to cease operations (i.e., to have

received or injected the final volume of hazardous waste in

contemplation of closure) at the earlier of:

1) the date on which operations have ceased, as proved by the

operator to the Agency;

2) the date on which the operator has proved notice to the Agency

that operations have ceased; or

3) the date on which the Agency has discovered that operations have

ceased; except that any operational unit which has ceased

operations prior to the date of first notice pursuant to Section

856.201 shall be deemed to have ceased operations on the actual

date of last receipt or injection of hazardous waste.

Notwithstanding the provisions of this subsection (f), payment of

any fee installment under these rules shall constitute an admission

by the operator that the operational unit has not ceased

operations.

(Source: Amended at 13 Ill. Reg. 13212, effective August 7, 1989)

Section 856.203 Resolution of Disputes

a) Within 30 days of receipt of notification from the Agency pursuant to

Sections 856.201 or 856.202, the operator of a site may request, in

writing, reconsideration by the Agency of its determination either as to

the date of commencement or cessation of operation by any type of

operational unit or as to the type of operational units at the site, or both;

any such writing shall include all pertinent facts and arguments in

support of the request for reconsideration. Failure to timely request

reconsideration shall constitute waiver of all rights to object to or appeal

from the Agency's determination.

b) Within 30 days of receipt of a request for reconsideration pursuant to

paragraph (a) of this Section, the Agency shall respond in writing to the

request. Such written response shall constitute final Agency action for

purposes of the Administrative Review Law (Ill. Rev. Stat. 1983, ch.

110, par. 3-101 et seq., as amended). Failure by the Agency to timely

respond hereunder shall be deemed a denial of the request and shall also

constitute final Agency action for purposes of the Administrative Review

Law.

c) Neither the submission of a request for reconsideration nor an appeal

from the Agency's final determination shall automatically stay the

imposition of fees or the timely payment thereof in the amount

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established by the Agency; nothing herein shall limit the site operator's

right to seek a stay.

Section 856.204 Quarterly Submission of Fees

a) Except as otherwise provided in this Section, payment of the permit and

inspection fee monies shall be made on a quarterly basis. Such payment

shall be received by the Agency on or before the first working day of

each calendar quarter; however, the quarterly fee payments for the first

two calendar quarters of 1985 shall be due on or before April 15, 1985,

and July 15, 1985, respectively. Any owner or operator of a hazardous

waste disposal site who by virtue of this subsection (a) is required to

make two quarterly fee payments in the month of July, 1985, may defer

one such payment for not more than 45 days upon written notice to the

Agency received by the Agency on or before the original due date for

that payment. The fee for facilities regulated under Section 22.8(b)(7)

of the Act (as amended by P.A. 85-1343, effective January 1, 1989)

shall not be paid quarterly but rather shall accompany the annual report

required by Board regulations for the calendar year for which the report

applies.

b) Any retroactive portion of a fee imposed pursuant to Section 856.201(b)

or of a fee increase imposed pursuant to Section 856.202(d) shall be due

and payable within 10 days of receipt of notification from the Agency

pursuant to Sections 856.201(b) or 856.202(c).

c) When a hazardous waste disposal site or hazardous waste management

facility commences operations after timely notice to the Agency pursuant

to Section 856.202(a), no portion of the annual fee shall be retroactively

imposed; only those quarterly installments which become due following

the calendar quarter in which operations commence shall apply.

(Source: Amended at 13 Ill. Reg. 13212, effective August 7, 1989)

Section 856.205 Manner of Payment

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

Payment (and any notice of deferral of payment under Section 856.204(a)) shall be

mailed to the Agency at the following address:

Fiscal Services Section

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706