415 ILCS 5/9.6
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title II - Air Pollution

 (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.(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.(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.(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.)