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415 ILCS 5/9.6
(415 ILCS 5/9.6) (from Ch. 111 1/2, par. 1009.6)
Sec. 9.6. Air pollution operating permit fee.
(a) For any site for which an air pollution operating permit is required,
other than a site permitted solely as a retail liquid dispensing facility
that has air pollution control equipment or an agrichemical facility with an
endorsed permit pursuant to Section 39.4, the owner or operator of that site
shall pay an initial annual fee to the Agency within 30 days of receipt of the
permit and an annual fee each year thereafter for as long as a permit is in
effect. The owner or operator of a portable emission unit, as defined in 35
Ill. Adm. Code 201.170, may change the site of any unit previously permitted
without paying an additional fee under this Section for each site change,
provided that no further change to the permit is otherwise necessary or
requested.
(b) The following fee amounts
shall apply:
(1) The fee for a site permitted to emit less than 25 | | tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $200 per year beginning July 1, 2003, and increases, beginning January 1, 2012, to $235 per year for lifetime operating permits and $235 per year for federally enforceable state operating permits, except as provided in subsection (c) of this Section.
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(2) The fee for a site permitted to emit at least 25
| | tons per year but less than 100 tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $1,800 per year beginning July 1, 2003, and increases, beginning January 1, 2012, to $2,150 per year, except as provided in subsection (c) of this Section.
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(3) The fee for a site permitted to emit at least 100
| | tons per year of any combination of regulated air pollutants, as defined in Section 39.5 of this Act, except greenhouse gases, is $18 per ton, per year, beginning July 1, 2003, and increases, beginning January 1, 2012 to $21.50 per ton, per year, except as provided in subsection (c) of this Section. However, the maximum fee under this paragraph (3) is $3,500 before January 1, 2012, and is $4,112 beginning January 1, 2012.
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(c) The owner or operator of any site subject to subsection (b) of this Section that becomes subject to Section 39.5
of this Act shall continue to pay the fee set forth in this Section until the
site becomes subject to the CAAPP fee set forth within subsection 18 of Section
39.5 of this Act. If an owner or operator has paid a fee under this Section during
the 12-month period following the effective date of the CAAPP for that
site, the amount
of that fee shall be deducted from the amount due under subsection 18 of Section 39.5 of
this Act.
(d) Only one air pollution site fee may be collected from any
site, even if such site receives more than one air pollution control permit.
(e) The Agency shall establish procedures for the collection of air
pollution site fees. Air pollution site fees may be paid annually, or in
advance for the number of years for which the permit is issued, at the option
of the owner or operator. Payment in advance does not exempt the owner or
operator from paying any increase in the fee that may occur during the term of
the permit; the owner or operator must pay the amount of the increase upon
and from the effective date of the increase.
(f) The Agency may deny an application for the issuance, transfer, or
renewal of an air pollution operating permit if any air pollution site fee
owed by the applicant has not been paid within 60 days of the due date, unless
the applicant, at the time of application, pays to the Agency in advance the
air pollution site fee for the site that is the subject of the operating
permit, plus any other air pollution site fees then owed by the applicant.
The denial of an air pollution operating permit for failure to pay an air
pollution site fee shall be subject to review by the Board pursuant to the
provisions of subsection (a) of Section 40 of this Act.
(g) If the Agency determines that an owner or operator of a site was
required, but failed, to timely obtain an air pollution operating permit,
and as a result avoided the payment of permit fees, the Agency may collect the
avoided permit fees with or without pursuing enforcement under Section 31 of
this Act. The avoided permit fees shall be calculated as double the amount
that would have been owed had a permit been timely obtained. Fees collected
pursuant to this subsection (g) shall be deposited into the Environmental
Protection Permit and Inspection Fund.
(h) If the Agency determines that an owner or operator of a site was
required, but failed, to timely obtain an air pollution operating permit and
as a result avoided the payment of permit fees, an enforcement action may be
brought under Section 31 of this Act. In addition to any other relief that
may be obtained as part of this action, the Agency may seek to recover the
avoided permit fees. The avoided permit fees shall be calculated as double
the amount that would have been owed had a permit been timely obtained. Fees
collected pursuant to this subsection (h) shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(i) If a permittee subject to a fee under this
Section fails to pay the fee within 90 days of its due date, or makes the
fee payment from an account with insufficient funds to cover the amount of the
fee payment, the Agency shall notify the permittee of the failure to pay the
fee. If the permittee fails to pay the fee within 60 days after such
notification, the Agency may, by written notice, immediately revoke the air
pollution operating permit. Failure of the Agency to notify the permittee of
failure to pay a fee due under this Section, or the payment of the fee from
an account with insufficient funds to cover the amount of the fee payment, does
not excuse or alter the duty of the permittee to comply with the provisions of
this Section.
(Source: P.A. 97-95, eff. 7-12-11.)
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