Illinois General Assembly - Illinois Compiled Statutes

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415 ILCS 5/12.6

(415 ILCS 5/12.6)

Sec. 12.6. Certification fees.

(a) Beginning July 1, 2003, the Agency shall collect a fee in the amount
set forth in subsection (b) from each applicant for a state water quality
certification required by Section 401 of the federal Clean Water Act prior
to a federal authorization pursuant to Section 404 of that Act; except that
the fee does not apply to the State or any department or agency of the State,
nor to any school district.

(b) The amount of the fee for a State water quality certification is $350 or
1% of the gross value of the proposed project, whichever is greater, but not to
exceed $10,000.

(c) Each applicant seeking a federal authorization of an action requiring
a Section 401 state water quality certification by the Agency shall submit
the required fee to the Agency prior to the issuance of the certification.  The Agency shall provide notice of the amount of the fee to the applicant during its review of the application.  The Agency shall not issue a Section 401 state water quality certification until the appropriate fee has been received from the applicant.

(d) The Agency may establish procedures relating to the collection of fees
under this Section.  Notwithstanding the adoption of any rules establishing
such procedures, the Agency may begin collecting fees under this Section on
July 1, 2003 for all complete applications received on or after that date.

All fees collected by the Agency under this Section shall be deposited
into the Illinois Clean Water Fund.  Fees paid under this Section are not
refundable.

(Source: P.A. 95-516, eff. 8-28-07.)