TITLE 35: ENVIRONMENTAL PROTECTION
SUBPART A: GENERAL
SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF FEES |
AUTHORITY: Implementing and authorized by Section 33.5 of the Northeastern Illinois Planning Act [70 ILCS 1705/33.5].
SOURCE: Adopted at 18 Ill. Reg. 9470, effective June 9, 1994; amended at 21 Ill. Reg. 10057, effective June 17, 1997; amended at 24 Ill. Reg. 12570, effective August 7, 2000.
SUBPART A: GENERAL
Section 399.10 Purpose
The purpose of this Part is to establish procedures for the collection of fees from applicants requesting the Northeastern Illinois Planning Commission (the Commission) to review an application to change the boundaries of a wastewater facility planning area under Section 33.5 of the Northeastern Illinois Planning Act (the Act).
Section 399.20 Definitions
Unless specified otherwise, all terms shall have the meaning set forth in the Act.
For the purposes of this Part, the following definitions shall apply:
Agency means the Illinois Environmental Protection Agency.
Applicant means a private or public entity authorized under the provisions of the Clean Water Act to seek amendments to the Illinois Water Quality Management Plan (the Plan), which includes a facility planning agency or designated management agency for the area that is the subject of the proceeding or the Illinois Environmental Protection Agency and the Commission.
Commission means the Northeastern Illinois Planning Commission.
Completed Application means the Northeastern Illinois Planning Commission's Water Quality Management Plan Amendment Application with all sections completed that relate to facility planning area boundaries.
Designated Management Agency (DMA) means a private or public entity that, under the provisions of the Clean Water Act, has the responsibility of planning, treating or transporting liquid domestic wastewater and its residual solids.
Facility Planning Area (FPA) means a defined geographical area for the planning, treatment or transport of liquid domestic wastewater and its residual solids.
Fee means the fee authorized by Section 33.5 of the Act.
Level I processing means review by the Commission of a request for boundary changes that are areawide in their impact or that have extensive ramifications to the Plan or the implementation process. These ramifications include, but are not limited to, requests judged by the Commission to have a regional impact. The Commission looks for substantial intergovernmental controversy; the potential for regional water quality, environmental, development and population growth impacts; and a major impact on other State or regional plans and policies. Any amendment request that proposes a reduction in the Agricultural Preservation Area identified in the Northeastern Illinois Planning Commission's Strategic Plan for Land Resource Management exceeding 100 acres or more requires Level I processing.
Level II processing means review by the Commission's Water Resources Committee of a request for boundary changes that affect only a limited geographic area or, if areawide, that have only limited policy implications. These types of changes include, but are not limited to, changes to population projections for the twenty-year planning period set forth in approved facility plans, new designated management agencies, termination of a designated management agency, changes to facility planning area boundaries, new or modified sewage treatment works not identified in areawide or State water quality plans and other activities where a significant amount of public interest or concern exists.
Level III processing means review by the Commission's staff of a request for those plan changes that do not involve policy changes, but rather reflect changes and corrections in the factual basis of the plan and its supporting wastewater facility tables.