ILLINOIS POLLUTION CONTROL BOARD
    December
    15,
    1988
    IN THE MATTER OF:
    COLLECTION OF FILING FEES
    )
    RES 88—3
    PURSUANT TO SECTION
    7.2
    OF THE ACT
    RESOLUTION OF THE BOARD
    (by J. Marlin):
    P.A.
    85—1331
    (also known as HB 4039) added
    a new Section
    7.2
    to the Environmental Protection Act.
    Section 7.2 provides that,
    effective January 1,
    1989:
    The Board
    shall collect filing fees as prescribed
    in
    this Act.
    The fees shall be deposited
    in the Pollution
    Control Board Fund.
    The filing fees shall
    be as follows:
    (a)
    Petition
    for site—specific regulation,
    $75.00;
    (b)
    Petition for variance,
    $75.00;
    (c)
    Petition for review of permit, $75.00;
    (d)
    Petition
    to contest local government decision
    pursuant
    to Section 40.1,
    $75.00;
    (e)
    Petition
    for
    an adjusted
    standard, pursuant
    to
    Section
    28.1,
    $75.00.
    In Docket R88—5,
    In The Matter Of:
    Procedural Rules
    Revision,
    35 Iii.
    Adm.
    Code
    101,
    102,
    and 106,
    the Board had
    proposed regulations
    to implement Section 7.2
    as well
    as other
    recent amendments
    to the Act.
    Due to the volume and nature of
    the public comment submitted
    in that proceeding,
    this docket
    remains under advisement.
    As the R88—5 regulations cannot be
    in place on January 1,
    1989,
    the Board will fulfill
    the mandate of Section 7.2
    consistent with the procedures outlined
    in this Resolution
    until
    procedural
    rules
    are
    in place.
    1.
    A person filing
    an action for which
    a filing fee
    is
    prescribed by Section 7.2
    of the Act,
    above,
    shall pay
    that fee
    at the time of filing
    of the petition.
    The fee
    requirement applies
    to petitions received at the Board~s
    offices
    on an~after January
    2,
    1989,
    regardless
    of when
    service was initiated.
    94—259

    —2—
    2.
    The Board construes
    the fee requirement
    of Section
    7.2(b)
    “petition
    for variance” applying only
    to
    variances
    filed pursuant
    to Section
    35(a)
    of the Act.
    No filing fee
    is required
    for provisional variances
    pursuant
    to Section 35(b)
    of
    the Act.
    3.
    The Board construes
    the fee requirement
    of Section
    7.2(c)
    “petition
    for review of permit”
    as applying to~
    all actions brought pursuant
    to Section
    40
    of the Act.
    4.
    Filing fees may be paid by cashier’s check, money order,
    certified check,
    or personal check made payable
    to the
    Illinois Pollution Control Board.
    Cash payments will be
    accepted,
    but are strongly discouraged.
    5.
    The Board will not deem petitions
    in actions
    subject to
    Section
    7.2 complete unless and until
    checks are honored
    (paid)
    by the petitioner’s
    bank.
    Notwithstanding,
    for
    the purposes
    of computation of any decision deadline in
    actions subject
    to Section 7.2(b),
    (c),
    or
    (d),
    the
    Board will presume
    that the filing fee has been paid at
    the time of filing of the petition and check,
    if the
    check
    is honored upon its initial presentation
    to
    petitioner’s bank.
    6.
    In the event
    a check
    is dishonored
    (not paid)
    or not
    submitted with
    a petition,
    the Board will enter
    an
    appropriate “sanctions” order
    in that action.
    Such
    orders may include extensions
    of time
    for payment,
    dismissal
    of an action for non—payment,
    or
    in actions
    with decision deadlines,
    re—computation
    of the decision
    deadline
    to exclude the time
    in which the filing fee
    remained uncollected without leave of the Board.
    To ensure that affected persons are made aware of
    these new
    filing fee requirements,
    the Board will:
    (a)
    Mail
    a copy of
    this Resolution
    to all persons
    on the
    R88—5 notice list;
    (b)
    Publish this Resolution
    in the Environmental Register
    and
    (c)
    Provide copies of this
    Resolution
    to persons filing
    petitions
    prior
    to the effective date of procedural
    rules
    implementing Section 7.2.
    Finally,
    the Board would appreciate any assistance that the
    environmental bar,
    industry and trade associations,
    and
    94—260

    —3—
    environmental groups can give
    in making these requirements known
    to their members.
    IT IS
    SO RESOLVED.
    I, Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, her~by certify that t~e2above Resolution was adopted on
    the
    ~
    day of~
    /~
    -,~/~-&,
    1988 by
    a vote
    of
    7—0
    /1
    /1
    1
    ~
    ‘/4
    /‘~~
    Dorothy
    M.,/,,Gunn, Clerk
    Illinois Pollution Control
    Board
    94—261

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