ILLINOIS POLLUTION CONTROL BOARD
May 18, 1984
IN THE
MATTER OF:
)
)
PERMIT AND INSPECTION FEES
)
R84—7
FOR HAZARDOUS WASTE DISPOSAL
)
FACILITIES
(FINAL RULE)
)
PROPOSED RULE.
SECOND NOTICE
ORDER OF THE BOARD
(by J.
Anderson):
On February 29,
1984, in Docket R84—l, the Board adopted
35
Ill. Mm. Code 718 as an emergency rule in order to comply with
the March
1 deadline, contained in Section 5(f)
of the
Environmental Protection Act (Act),
for adoption of
a schedule of
permit and inspection
fees for hazardous waste disposal
facilities requiring a RCRA permit.
At the same time the Board
opened this docket to propose the same rules
for adoption as
permanent rules under the Administrative Procedure Act.
On
March 21, 1984 the Board adopted a Proposed Opinion in R84—l and
R84—7.
The proposed and emergency rules appeared at
8
Ill~
Reg.
3513 and 3786,
March 23,
1984.
The Board held two hearings, on
March 29 at Chicago and on April
9 at Springfield.
Following the
hearings the Board received several written comments.
The Board
has modified the proposal in response to testimony and written
comments.
The text of the proposal
as modified is attached to
this
Order.
The
Board intends to file this proposal
as
a substi-
tute for the emergency rules before the fees become payable on
July
1,
1984.
The Board adopts the Order
for Second Notice.
IT
IS SO
ORDERED.
Board
Members
J.
D.
Dumelle and
J.
Theodore Meyer concurred.
I,
Christen L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was ~dopted on
the
/~
day of
____________,
1984 by a vote of
~
Christan L. Moffett,(~,~erk
Illinois Pollution Control Board
58-193
—2—
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER 1:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PART 718
FEES
SUBPART A:
GENERAL PROVISIONS
Section
718.101
718.102
718.103
718.104
718.105
718.106
718.107
718.108
Purpose, Scope and Applicability
Definitions
Severability
Appeal
Billing and Payment Dates
Late Payment Charges
Credits
Enforcement
SUBPART B:
PERMIT FEES FOR RCRA DISPOSAL FACILITIES
Section
718.200
Purpose, Scope and Applicability
718.201
Hazardous Waste Disposal Facilities Requiring a
RCRA Permit
718.221
Billing of Permit Fees
718,222
Determination and Modification of Permit Status
SUBPART C:
INSPECTION FEES FOR RCRA DISPOSAL FACILITIES
Section
718.300
718.301
718.
311
718.312
718.313
Purpose, Scope and Applicability
Definitions
Level of Surveillance
Criteria for Determination of Level of Surveillance
Closing Date for Determination of Level of
Surveillance
Modification of Level of Surveillance
Relative Inspection Fees
Billing of Inspection Fees
New Facilities
Partial and Complete Shutdown
718.Appendix A
Inspection Fee Computation
AUTHORITY:
Implementing Sections 5(f) and 21(f) and autho-
rized by Section 27 of the Environmental ProtectIon Act,
(Ill.
Rev, Stat. 1983,
ch. ill 1/2, pars. 1005(f),
1021(f) and
1027).
SOURCE:
Emergency rule adopted in R84-l at
8 Ill.
Reg.
3786, effective March 13,
1984,
for a maximum of 150 days;
718.
314
718.321
718,330
718.341
718.342
58-194
—3—
adopted in R84—7 at
8 Ill.
Reg.
-_,
effective
SUBPART A:
GENERAL PROVISIONS
Section 718.101
Purpose, Scope and Applicability
This Part sets fee schedules intended to recover the Illinois
Environmental Protection Agency’s (Agency’s) costs to the State
for the permit and inspection activities pursuant to Section 5(f)
of the Environmental Protection Act (Act).
Such fees are not
intended to affect costs
for any portion of such activities which
may be supported by Federal funding.
Fees are imposed for
“hazardous waste disposal facilities requiring a RCRA permit”,
as defined in Section 718.102.
Subpart B governs permit fees,
while Subpart C governs inspection fees.
Section 718.102
Definitions
Unless otherwise stated or unless the context clearly indicates
a different meaning,
the definitions
of
terms used in this
Part are the same as those found in the Act and in 35
Ill.
Adm, Code 702.110.
As used in this Part, the following terms
have the meanings indicated.
Act:
The Environmental Protection Act, Ill. Rev.
Stat,
1983,
ch.
111 1/2, par.
1001 et seq.
Agency:
The Illinois Environmental Protection
Agency
Board:
The Illinois Pollution Control Board
Disposal:
As defined in Section
3 of the Act.
Hazardous waste:
As defined in 35
Iii.
Adm. Code 721.
Hazardous waste disposal facility requiring a RCRA
permit:
A facility as defined in 35 Ill.
Adm. Code
720,
Which requires a RCRA
permit
pursuant to
Sec-
tion 21(f) of the Act,
Which includes one of the following disposal
units:
A landfill receiving hazardous waste;
or
58-195
—4—
A waste pile or surface impoundment,
receiving hazardous waste,
in which
waste residues are expected to remain
after closure; or
A land treatment unit receiving hazardous
waste;
or,
A well injecting hazardous waste.
A facility in closure or post-closure care
pursuant to a RCRA permit is specifically
excluded from this definition.
RCRA Permit:
A permit for a hazardous waste management
facility required by Section 21(f) of the Act and 35
Ill. Adm. Code 703.
Section 718.103
Severability
If any provision of this Part is adjudged invalid, or if the
application of it to any person
or
in any circumstance is
adjudged invalid, such invalidity shall not affect the
validity of the Part as a whole or of any portion thereof
not adjudged invalid.
Section 718.104
Appeal
A billing, determination or modification made by the Agency,
or failure of the Agency to make a timely determination,
pursuant to this Part may be appealed to
the
Board in accor-
dance with the procedures for permit denial appeals set
forth in Section 40 of the Act
and 35
Ill.
Mn. Code 105.
Billing or other notification of determination or modifica-
tion determines when the time for appeal starts.
Such
appeal does not stay any fee or late
charge.
The Board may
abate
a portion of a fee as a result of an appeal.
Section 718.105
Billing and Payment Dates
a)
Permit and inspection fees will be billed by the Agency
as provided in the Subparts establishing the fees.
Generally fees are billed by the Agency annually, or
whenever adjusted,
and are payable quarterly in
advance.
b)
Fees shall
be payable on the dates specified in
the bill,
but in no event less than 30 days after
the bill is sent.
c)
Fees established pursuant to this Part shall be
billable for the fiscal year starting July 1,
1984,
and for each fiscal year thereafter.
58-196
—5—
Section 718.106
Late Payment Charges
A charge of 1.5
shall be levied on payments received after
the date payable for each month,
or portion of a month, the
fee
is received after it is payable.
Late charges shall
become payable after they have been billed by the Agency.
Section 718.107
Credits
a)
Except as otherwise determined by the legislature,
fees
received by the Agency are not refundable.
h)
Fees received
in excess of the amount determined
by the Agency to be properly due may be deducted
from subsequent quarterly payments.
Section 718,108
Enforcement
a)
Fees established pursuant to this Part may be
recovered in a civil action.
b)
The general obligation to pay permit and inspection
fees shall be included as a condition of any RCRA,
tJIC or other waste disposal permit for a facility
subject to this Part.
However, the billing of a
specific dollar amount of a
fee shall not be
construed as an amendment to or condition of such
permits.
The failure to pay a
fee when due,
after
the opportunity to appeal has passed, shall be
grounds for revocation of permits before the
Board,
and shall
be a sufficient reason for the
Agency to deny any permit application which may be
before it for the facility.
SUBPART
B:
PERMIT FEES FOR RCRA DISPOSAL FACILITIES
Section 718.200
Purpose, Scope and Applicability
This Subpart sets fees which are intended to recover the
cost.s of the Agency’s activities in reviewing and processing
permits for hazardous waste disposal facilities requiring
a
RCRA permit.
Quarterly fees payable in advance are set for
some types of permits, based on the Agency’s estimated
annual costs for reviewing each type of permit.
It is the
purpose of these rules that the Agency recover the costs of
all waste permit activities at the facility, regardless of
whether directly related to hazardous waste activities.
Only State costs in excess of Federal funding are to be
recovered.
58-197
—6—
Section 718.201
Hazardous Waste Disposal Facilities
Requiring a RCRA Permit
a)
The permit fee schedule for hazardous waste
disposal facilities requiring a RCRA permit
is as
follows:
1)
For a facility disposing of hazardous waste
generated at another facility by means other
than well injection:
$825 per quarter;
2)
For a facility disposing of hazardous waste
only by well injection:
$350 per quarter;
3)
For a facility disposing,
by means other than
well injection,
only of hazardous waste
generated on the same facility:
$175 per
quarter.
b)
The above
fees are based on the assumption that
the Agency’s permit activities for hazardous waste
disposal
facilities requiring a RCRA permit are
75
federal grant funded.
If actual federal
grant funding in any fiscal year is less than
70
or more than 80,
the above fees shall
be
corrected by the following formula:
Adjusted Fee
(l—A)F/0.25
where:
1)
F
=
unadjusted fee
2)
A
=
fraction of Agency’s permit activities
which are grant funded
Section 718.221
Billing of Permit Fees
The Agency shall bill each facility:
a)
Annually at the beginning of the fiscal year,
or as soon thereafter as all necessary infor-
mation is available.
b)
After the Agency determines that there has
been a change
in permit status at a facility.
Section 718.222
Determination and Modification of Permit
Status
a)
The permit status of
a given facility shall
be
determined as of the first day of each calendar
quarter.
58-198
—7—
b)
The Agency must give notice that it intends
to
review the permit status of a facility at least
30 days prior to the first day of the quarter
for which the status is to be determined; the
permittee must request review of its permit status
at least 30 days prior to the first day of the
quarter.
c)
If notice is not given in accordance with the time
limits of paragraph (b), the permit status shall
not be changed for the next quarter.
Any changes
shall affect the permit status for the following
quarter.
SUBPART C:
INSPECTION FEES FOR RCRA DISPOSAL FACILITIES
Section 718.300
Purpose, Scope and Applicability
a)
This Subpart sets fee schedules intended to recover
the costs of the Agency’s inspection activities at
hazardous waste disposal
facilities requiring a
RCRA permit,
as authorized by Section 5(f) of the
Act.
The fee is intended to recover costs
of
inspections of waste handling activities at the
subject facilities whether the inspection relates
directly to hazardous waste activities or not.
b)
Quarterly inspection fees are charged based on the
level of surveillance of the facility determined
under the provisions of this Subpart.
Board rules
specify relative fees to be charged facilities
in each surveillance level based on the relative
intensity of inspections appropriate for each
level.
Each year the Agency is to compute the
actual fees based on the relative fees and funds
appropriated by the legislature from the permit
and inspection
fee fund, according to the specified
methodology.
Section 718.301
Definitions
Unless otherwise stated or unless the context clearly indi-
cates a different meaning, the definitions of terms used in
this Subpart are the same as those found in the Environ-
mental Protection Act (Act),
(Ill.
Rev.
Stat, 1981,
ch,
lii 1/2,
pars.
1001 et seq.)
and in 35 Ill.
Adm. Code 702.110.
Terms
used in this Subpart have the following meanings:
Active operation:
Landfilling or land spreading.
58-199
-8—
Incompatible waste:
As defined in 35
Ill.
Adm.
Code
720 and 721.
Passive operation:
Any waste handling operation which
is not an ~‘activeoperation”,
including operation of an
injection well or surface impoundment.
Pathway to migration:
A distinct route by which waste
constituents could be released from the site and enter
the environment.
There are three pathways to migration:
air, surface water and groundwater.
Types of operations:
Any distinct waste handling
activity,
including,
but not limited to:
transportation,
storage, compaction, containerization, landfilling,
land spreading, neutralization or incineration.
Waste management area:
The smallest rectangular area
which encloses all activities
for which a RCRA permit
is required.
Section 718,311
Level of Surveillance
a)
The level of surveillance determines the inspec-
tion fee for a given site and affects the computa-
tion of fees
for all sites
(Appendix A).
The
criteria for determining the level of surveillance
are determined from Section 718.312.
b)
The levels of surveillance are as follows:
Points from Section 718.312
Level of Surveillance
80—110
5
50—
79
3
0—
49
1
Section 718.312
Criteria for Determination of Level of
Surveillance
The following criteria establish points to be used in
Section 718~311to determine the level of surveillance:
a)
Size of waste management area:
If
the waste management area is 100 acres or
greater,
add
10 points.
b)
Diversity of operations:
If there are more than two different types of
operations conducted at the facility, add 10 points.
c)
Flood plain:
58-200
9—
If the facility is in the 100—year flood plain,
whether protected or not,
add 10 points.
d)
Type of operation:
if the facility includes a dynamic operation, add
10 points.
e)
Waste volume:
If the facility disposes of more than 10,000,000
gallons of hazardous waste per year, add
10 points.
f)
Compatibility/stability of wastestreams:
If the facility handles two incompatible waste—
streams or an explosive wastestream, add 10 points.
g)
Physical state of waste:
If the facility handles liquid or gaseous hazardous
waste, add
10 points.
h)
Proximity to populations:
If the facility is within 1/4 mile of a residence
or a business
(other than its own), add 10 points.
i)
Pathways to migration:
if the facility has two or more pathways to
migration,
add
10 points.
j)
Distance to private wells:
If the facility is within 1/2 mile of a private
drinking water supply, add 10 points.
k)
Distance to public water supplies:
If the facility is within
1/2 mile of a public
water
supply, add
10 points.
Section 718.313
Closing Date for Determination of
Level of Surveillance
The Agency shall determine the level of surveillance for a
facility based on typical operating conditions existing on the
first day of the calendar quarter.
“Typical operating conditions”
does not include conditions which are expected to last less than
45 days.
58-201
—10—
Section 718.314
Modification of Level of Surveillance
a)
The Agency shall review the level of surveillance on
request of the permittee,
or on its own
initiative.
h)
1)
The permittee must request review of the
level of surveillance at least
30 days before
the first day of the next quarter.
2)
The Agency must give notice that it will
review the level
of surveillance at its own
instance at least 30 days before the first
day of the next quarter.
c)
If notice
is not given in accordance with the time
limits of paragraph
(b), the surveillance level
shall not be changed for the next quarter.
Any
changes shall affect the permit status
for the
following quarter.
d)
The Agency shall promptly notify the permittee of the
results of its review of the level of surveillance.
Section 718321
Relative Inspection Fees
a)
Inspection fees shall be determined in accordance
with the methodology of Appendix A by the Agency
for each budget period based on:
1)
Amounts appropriated from the permit and inspection
fee fund for inspection activities for hazardous
waste disposal facilities requiring a RCRA permit,
or as otherwise directed by the legislature
pursuant to Section 22.21 of the Act.
21
The number of such facilities in each sur-
veillance level as of the beginning of the
fiscal
year;
3)
The table in paragraph (b).
h)
‘rhe relative fees for each permit type and surveil—
lance level
are as
follows:
Surveillance
Relative
Level
Fee
15
3
2.5
1
1
58-202
—1
L—
c)
Fees shall be determined as of July
1 of each
year,
or as soon thereafter as the Agency’s appro-
priation becomes law, and shall not be adjusted
again during that fiscal
year, even if the Agency’s
budget is amended or the number or distribution of
facilities changes.
d)
Fees shall he payable on a quarterly basis
in
advance,
Fees shall be billed annually, and after
any alteration in permit type or level
of surveil-
lance
for that facility.
Bills shall include a
copy of the computation of the fee schedule for
the fiscal year,
which computation may be appealed
along with the bill for the facility.
Section 718.330
Billing of Inspection Fees
The Agency shall bill each facility:
a)
Annually at the beginning of the fiscal
year,
or
as
soon thereafter as all necessary information is avail-
able.
b)
After the Agency modifies the surveillance level
pursuant to Section 718.314.
Section 718. 34.
New Facilities
i~. facility
which,
~ifter
the
first
day
of
the
quarter
becomes subject to inspection
for which a fee may be charged,
but for which no level of surveillance was determined accor-
ding
to
Section
718.31l~.
shall
not
be charged an inspection
fee
for that quarter.
Section
718.342
Partial and Complete Shutdown
a)
A facility which anticipates partial or complete
shutdown may request modification of the level of
surveillance pursuant to Section 718.314.
b)
No credit for inspection
fees previously payable
shall he allowed for partial or complete shutdown,
Section 718,
Appendix
A
Inspection Fee Computation
a.)
The table of relative fees in Section 118.321 is
referred to as Table
I in this Appendix:
Table
I:
Relative Fees
Surveillance
Relative
Level
Fee
58-203
—12—
5
15
3
2.5
1
1
h)
Determine the number of facilities
in each sur-
veillance level
as of the first day of the fiscal
year,
as in accordance with the following example:
Table
II:
Number of Facilities
Surveillance
Total
Level
5
8
3
6
1
2
Total
c)
Determine the relative fees expected from each
category of facilities by multiplying each “Relative
Fee” element
of Table
I by the corresponding “Number
of Facilities” element of Table II,
Sum the elements of
the resulting Table III to determine the total
fee
units expected from the program:
Table III:
Fee Units Expected from Program
Surveillance
Level
Total
5
120
3
15
1
2
Total
Fee Units
137
d)
Determine the estimated State costs based on the
appropriation of State
funds:
Appropriation,
State Cost
$500,000
e)
Determine the relative fee multiplier by dividing the
State cost by the total
fee units from Table III:
$500,000/l37
=
$3650 per fee unit
=
Relative Fee Multiplier
f)
Determine the annual
fees by multiplying each
“Relative Fee” element of Table
I by the relative fee
multiplier,
rounding to the nearest $100:
Table
IV:
Total Annual Fee
58-204
—13—
Survedlance
Annual
Quarterly
Level
Fee
Fee
5
$54,800
$13,700
3
$
9,100
$
2,275
1
$
3,600
$
900
g)
To confirm arithmetic,
estimate the total annual
revenue by multiplying each “Number of Facilities”
element of Table II by the corresponding “Annual Fee”
element of Table IV and summing the resulting Table V.
The total revenue should be approximately equal to the
State cost:
Table V:
Total Expected Annual Revenue
Surveillance
Level
Total
5
$438,400
3
$
54,600
1
$
7,200
Total Expected Annual
Revenue
$500,200
State Cost
$500,000
58-205
