Illinois Administrative Code

Section 320.202 Manner of Payment a) Payment of the fee must be by certified or cashiers check for each permit application payable to "Treasurer, State of Illinois", designated to the Environmental Protection Permit and Inspection Fund with the applicant's Federal Employer Identi…

Section 320.203 Prohibition Against Refund No fee remitted to the Agency under this Part shall be refunded in whole or in part at any time or for any reason. (Section 12.2(f) of the Act)

Section 320.204 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 re…

Section 320.301 Permit Applications Containing the Entire Fee a) Applications received by the Agency will be logged in and assigned a receipt date and number. The application shall be accepted if the following conditions are met: 1) The application is complete in accordance with …

Section 320.302 Permit Applications Not Containing the Entire Fee Applications not containing the entire fee shall be considered incomplete. The Agency shall take the following actions in response to such applications: a) The Agency shall deposit any fees submitted along with the…

Section 325.100 Purpose The purpose of this Part is to establish procedures for the collection of fees for discharges that require a National Pollutant Discharge Elimination System (NPDES) permit and are covered under Section 12.5 of the Environmental Protection Act (Act), and fo…

Section 325.105 Applicability a) Except as provided otherwise in subsection (b) of this Section, this Part applies to each person holding an NPDES permit under Section 12(f) of the Environmental Protection Act, including a person who continues to discharge under an expired permit…

Section 325.110 Definitions a) Unless specified otherwise in this Section, all terms shall have the meanings set forth in the Environmental Protection Act [415 ILCS 5]. b) For purposes of this Part, the following definitions apply: "Act" means the Environmental Protection Act [41…

Section 325.115 Relation to Other Fees and Fee Systems a) 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 federal, State or local law. b) More than…

Section 325.120 Severability If any provision of this Part or the application of that provision to any person or in any circumstance is adjudged invalid, the adjudication shall not affect the validity of this Part as a whole or any provision of this Part not adjudged invalid. SUB…

Section 325.205 Amount of the Fee a) Except when no fee is due pursuant to Section 325.215 for construction site stormwater discharges, each permit holder or applicant subject to this Part pursuant to Section 325.105 shall pay an annual fee to the Agency for any discharge that re…

Section 325.210 Proration of Fees a) Proration of New Permit Fees 1) In the case of a new NPDES or sludge permit issued during the months of January through June, the Agency may prorate the initial annual fee payable under this Section. [415 ILCS 5/12.5(c)] There is no proration …

Section 325.215 One Time Annual Fee Payments for Construction Site Stormwater Discharges a) Beginning January 1, 2010, in the case of construction site stormwater discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for…

Section 325.220 Manner of Payment a) Payment of each permit fee due must be by check, cashier's check or money order payable to "Illinois EPA". The payment shall be submitted to the address indicated on the fee notice and must include the permittee's Federal Employer Identificati…

Section 325.230 Deposit of Fee Payments All fees and interest penalties collected by the Agency under Section 12.5 of the Act shall be deposited into the Illinois Clean Water Fund. Subject to appropriation, the moneys in the Fund shall be used by the Agency to carry out the Agenc…

Section 325.235 Refunds a) No fee remitted to the Agency under this Part shall be refunded in whole or in part at any time or for any reason except as provided in Section 12.5(l) of the Act for certain payments made for the period July 1, 2004 through June 30, 2005 under Sections…

Section 325.310 Notices of Intent to Pursue Coverage Under General NPDES Permits Not Containing the Entire Fee a) Notices of Intent submitted for coverage under an existing general NPDES permit not containing the entire fee due under Section 325.205 shall be considered incomplete…

Section 325.315 Modifications to Notices of Intent for General NPDES Permits a) Modifications to Pending Applications. Prior to a final Agency decision on whether to grant coverage under a general NPDES permit for which a fee has been paid under this Part, the applicant may propo…

Section 325.320 Modifications to NPDES Permits and Sludge Generator or Sludge User Permits a) Modifications to Pending Applications. Prior to a final Agency decision on a permit application for an NPDES permit or a sludge generator or sludge user permit, the applicant may propose…

Section 325.410 Annual Fee Notices for Existing Permits and Permit Renewals a) Each year the Agency shall send a fee notice by mail to each existing permit holder subject to a fee under this Part at his or her address of record. The notice shall state the amount of the applicable…

Section 325.420 Initial Annual Fee Notices for New Permits For new individual NPDES and sludge generator or sludge user permits, the Agency shall provide notice of the amount of the fee to the applicant during its review of the application. [415 ILCS 5/12.5(c)] For NPDES permits,…

Section 325.425 Due Dates All annual fees due under this Part must be received by the due date indicated in the annual fee notice to avoid accrual of interest charges.

Section 325.430 Terminations of NPDES Permits and Sludge Generator and Sludge User Permits a) It shall be the obligation of every permit holder required to pay a fee pursuant to this Part to notify the Agency, in writing, of the cessation of or reduction in operation at the facil…

Section 325.435 Transfer of Ownership and Fees a) When there is a change in ownership or operational control at a permitted facility subject to one or more of the fees in this Part, the new owner or operator will become liable for all fees that accrue as of the date of transfer o…

Section 325.510 Request for Reconsideration a) The permit holder may request reconsideration of the amount of the NPDES permit fee or sludge generator or sludge user permit fee as determined by the Agency pursuant to Section 325.205, within 45 days after issuance of the annual fe…

Section 325.520 Agency Response a) The Agency shall respond in writing to any request for reconsideration pursuant to Section 325.510 within 45 days after receipt of the request. The written response shall constitute final Agency action. Failure by the Agency to respond within 45…

Section 325.530 Appeal of Final Agency Action a) Pursuant to Section 5(d) of the Act and these regulations, the Pollution Control Board may hear appeals of final Agency action denying requests for reconsideration of permit fee determinations made by the Agency under this Part for…

Section 325.605 Failure to Pay Annual NPDES and Sludge Generator or Sludge User Discharge Fees Failure to submit the fee required under Section 12.5 of the Act by the due date constitutes a violation of Section 12.5 of the Act.

Section 325.610 Interest on Unpaid Fees a) Late payments shall incur an interest penalty, calculated at the rate in effect from time to time for tax delinquencies under Section 1003(a) of the Illinois Income Tax Act [35 ILCS 5/1003], from the date the fee is due until the date th…

Section 325.620 Collection Procedures for Unpaid Fees The Agency may utilize any available collection procedures to recover unpaid fees under Section 12.5 of the Act. These may include, but are not limited to, enforcement actions pursuant to Section 31 of the Act, submittal of th…

Section 351.101 Preamble Section 4(m) of the Illinois Environmental Protection Act (Ill. Rev. Stat. 1979, Ch. 111½, Par. 1001 et seq.) (Act) designates the Illinois Environmental Protection Agency (Agency) as pollution control agency for the State of Illinois for all purposes of …

Section 351.102 Purpose These rules prescribe procedures and requirements for resolving conflicts concerning point source discharges in the context of revising Illinois Water Quality Management Plans.

Section 351.103 Applicability a) These rules shall apply to the following revisions of WQM Plans: 1) Amendments to population projections for the twenty-year planning period set forth in approved facilities plans that are greater than 10% for communities under 10,000 population o…

Section 351.104 Definitions a) Unless specified otherwise, all terms shall have the meanings set forth in the Environmental Protection Act and the Clean Water Act and regulations adopted under those Acts. b) For purpose of these rules, the following definitions apply: 1) "Areawid…

Section 351.201 Initiation of a Revision a) A proposal to revise a WQM Plan shall be initiated by the filing of a petition by the Agency or by a facility planning agency, designated management agency, or areawide planning agency for the area that is the subject of the proceeding.…

Section 351.202 Requirements of a Petition a) A petition filed under these rules shall include, as applicable: 1) A clear, complete and concise statement of the revision(s) sought; 2) If the petition is for a planning boundary change, it shall include: A) A map of the existing an…

Section 351.203 Service and Parties a) The Petitioner shall serve a copy of its petition, either personally or by registered or certified mail, upon each governmental agency or other person who may be adversely affected by the revision to the WQM Plan. At a minimum, service shall…

Section 351.204 Public Comments Any person may submit written comments on a petition filed under these rules. In making the decision on the proposed revision(s), the Agency will consider all comments received within 30 days after the filing of the petition. SUBPART C: PUBLIC HEAR…

Section 351.301 Request for Hearing a) Any person may request a public hearing on the proposed revision within 30 days of the filing of the petition. The Agency may extend this period when necessary for a complete presentation of the facts and anticipated effects of the proposed …

Section 351.302 Scheduling of Public Hearing a) The Agency shall schedule a public hearing when it determines that there exists a significant degree of public interest in the proposed revision. b) In making this determination, the Agency shall consider: 1) The public interest as …

Section 351.303 Notice of Public Hearing a) The Agency shall serve notice of the public hearing, personally or by certified or registered mail, on all parties at least 45 days prior to the date of the hearing. b) The notice shall include: 1) Information regarding the time, locati…

Section 351.304 Hearing Officer a) The Agency shall appoint a Hearing Officer who shall be named in any notices of the hearing. b) The Hearing Officer shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure deve…

Section 351.305 Hearing Procedures a) All witnesses shall be sworn. b) A party may cross-examine any witness to promote a full and fair disclosure of the facts, subject to the evidentiary requirements of these rules. The Hearing Officer may also question witnesses within the same…

Section 351.306 Transcript a) Within 15 days following completion of the public hearing, the Petitioner shall furnish a transcript of the hearing to the Agency. b) The transcript shall be available for examination and copying by any person, subject to the Agency's rules for publi…

Section 351.401 Record The record shall include: a) All pleadings, (including all notices and responses thereto), motions and rulings; b) Evidence received; c) Matters of which official notice was taken; d) The hearing transcript including offers of proof, objections and rulings …

Section 351.402 Decision of the Agency a) After due consideration of the record, the Agency shall make a final decision on the proposed revision to the WQM Plan. 1) In making its decision, the Agency shall consider all facts and circumstances bearing upon the reasonableness of th…

Section 351.403 Review of Decision of the Agency Any party may request that the Regional Administrator, United States Environmental Protection Agency, Region V, review the decision of the Agency pursuant to 40 CFR 35.1517(c). SUBPART F: APPLICABILITY OF THESE RULES TO SPECIAL CAS…