(415 ILCS 5/9.13)
Sec. 9.13.
Asbestos fees.
(a) For any site for which the owner or operator must file an original
10-day notice of intent to renovate or demolish pursuant to 40 CFR 61.145(b)
(part of the federal asbestos National Emission Standard for Hazardous Air
Pollutants or NESHAP), the owner or operator shall pay to the Agency with the
filing of each 10-day Notice a fee of $150.
(b) If demolition or renovation of a site has commenced without proper
filing of the 10-day Notice, the fee is double the amount otherwise due.
This doubling of the fee is in addition to any other penalties under this
Act, the federal NESHAP, or otherwise, and does not preclude the Agency, the
Attorney General, or other authorized persons from pursuing an enforcement
action against the owner or operator for failure to file a 10-day Notice prior
to commencing demolition or renovation activities.
(c) In the event that an owner or operator makes a fee payment under this
Section from an account with insufficient funds to cover the amount of the fee
payment, the 10-day Notice shall be deemed improperly filed. The Agency shall
so notify the owner or operator within 60 days of receiving the notice of
insufficient funds. Failure of the Agency to so notify the owner or operator
does not excuse or alter the duty of the owner or operator to comply with the
requirements of this Section.
(d) Where asbestos remediation or demolition activities have not been
conducted in accordance with the asbestos NESHAP, in addition to the fees
imposed by this Section, the Agency may also collect its actual costs incurred
for asbestos-related activities at the site, including without limitation costs
of sampling, sample analysis, remediation plan review, and activity oversight
for demolition or renovation.
(e) Fees and cost recovery amounts collected under this Section shall be
deposited into the Environmental Protection Permit and Inspection Fund.
(Source: P.A. 93-32, eff. 7-1-03.)
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