State of Illinois
90th General Assembly
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90_HB3546

      70 ILCS 1705/33.5
          Amends the Northeastern Illinois Planning Act.   Provides
      that   the   appropriate   agency   under  the  Environmental
      Protection Act or  the  federal  Clean  Water  Act  (now  the
      Northeastern  Illinois Planning Commission) shall perform the
      required review of applications to change the boundaries of a
      waste  water  facility  planning  area  located  within  Will
      County.  Effective immediately.
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 1        AN ACT to amend the Northeastern Illinois Planning Act by
 2    changing Section 33.5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Northeastern  Illinois Planning Act is
 6    amended by changing Section 33.5 as follows:
 7        (70 ILCS 1705/33.5)
 8        Sec.  33.5.  Review  of  proposed  waste  water  facility
 9    planning area boundary changes; fee.
10        (a)  The Commission shall review applications  to  change
11    the  boundaries  of  a  waste  water  facility  planning area
12    located outside of Will County as an amendment to  the  State
13    of  Illinois Water Quality Management Plan required under the
14    federal Clean Water Act when that review  is  required  under
15    that  Act  and  is  requested  by  the appropriate designated
16    management agency under the Environmental Protection  Act  or
17    the federal Clean Water Act.
18        The  appropriate  designated  management agency under the
19    Environmental Protection Act or the federal Clean  Water  Act
20    shall   perform   this   subsection's   required   review  of
21    applications to  change  the  boundaries  of  a  waste  water
22    facility  planning  area located within Will County according
23    to  the  agency's  rules  concerning  review  fees  and  time
24    periods.
25        (b)  Beginning January 1, 1994, the Commission may charge
26    a reasonable fee for performing reviews under  this  Section.
27    The  fee  shall be paid to the Treasurer of the Commission or
28    his or her designee by the  applicant  seeking  the  boundary
29    change  at the time the application is filed.  The Commission
30    may establish a schedule of  fees,  and  the  fees  shall  be
31    sufficient  to  pay, in whole or in part, the estimated costs
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 1    of conducting reviews based on historical data concerning the
 2    costs of conducting similar reviews and the  availability  of
 3    either  federal or State funds appropriated for this purpose.
 4    The  total  fee  for  reviewing  an  application  shall  not,
 5    however, exceed $10 multiplied by the total number  of  acres
 6    of  territory  involved  in the application.  The schedule of
 7    fees to be charged by the Commission under this Section shall
 8    be subject to review by the Joint Committee on Administrative
 9    Rules in the manner provided in the  Illinois  Administrative
10    Procedure Act.
11        (c)  The  Commission  shall  complete a review under this
12    Section within 90 working days after  receiving  a  completed
13    application  for  a change in the boundaries of a waste water
14    facility planning area  as  an  amendment  to  the  State  of
15    Illinois  Water  Quality Management Plan from the appropriate
16    designated management agency.  A delay in the review  process
17    either requested or agreed to by the applicant shall toll the
18    running  of  this  90 day period.  If the Commission fails to
19    complete the review within the required  period,  the  review
20    fee  paid  by  the  applicant  under  this  Section  shall be
21    refunded  in  full  to  the  applicant.   If,  however,   the
22    applicant  withdraws  the  application  at any time after the
23    Commission commences its review, no part of  the  review  fee
24    shall be refunded to the applicant.
25    (Source: P.A. 88-347.)
26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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