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90_SB1600
70 ILCS 1705/33.5
Amends the Northeastern Illinois Planning Act. Provides
that the appropriate agency under the Environmental
Protection Act or the federal Clean Water Act (now the
Northeastern Illinois Planning Commission) shall perform the
required review of applications to change the boundaries of a
waste water facility planning area located within Will
County. Effective immediately.
LRB9011632PTbd
LRB9011632PTbd
1 AN ACT to amend the Northeastern Illinois Planning Act by
2 changing Section 33.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Northeastern Illinois Planning Act is
6 amended by changing Section 33.5 as follows:
7 (70 ILCS 1705/33.5)
8 Sec. 33.5. Review of proposed waste water facility
9 planning area boundary changes; fee.
10 (a) The Commission shall review applications to change
11 the boundaries of a waste water facility planning area
12 located outside of Will County as an amendment to the State
13 of Illinois Water Quality Management Plan required under the
14 federal Clean Water Act when that review is required under
15 that Act and is requested by the appropriate designated
16 management agency under the Environmental Protection Act or
17 the federal Clean Water Act.
18 The appropriate designated management agency under the
19 Environmental Protection Act or the federal Clean Water Act
20 shall perform this subsection's required review of
21 applications to change the boundaries of a waste water
22 facility planning area located within Will County according
23 to the agency's rules concerning review fees and time
24 periods.
25 (b) Beginning January 1, 1994, the Commission may charge
26 a reasonable fee for performing reviews under this Section.
27 The fee shall be paid to the Treasurer of the Commission or
28 his or her designee by the applicant seeking the boundary
29 change at the time the application is filed. The Commission
30 may establish a schedule of fees, and the fees shall be
31 sufficient to pay, in whole or in part, the estimated costs
-2- LRB9011632PTbd
1 of conducting reviews based on historical data concerning the
2 costs of conducting similar reviews and the availability of
3 either federal or State funds appropriated for this purpose.
4 The total fee for reviewing an application shall not,
5 however, exceed $10 multiplied by the total number of acres
6 of territory involved in the application. The schedule of
7 fees to be charged by the Commission under this Section shall
8 be subject to review by the Joint Committee on Administrative
9 Rules in the manner provided in the Illinois Administrative
10 Procedure Act.
11 (c) The Commission shall complete a review under this
12 Section within 90 working days after receiving a completed
13 application for a change in the boundaries of a waste water
14 facility planning area as an amendment to the State of
15 Illinois Water Quality Management Plan from the appropriate
16 designated management agency. A delay in the review process
17 either requested or agreed to by the applicant shall toll the
18 running of this 90 day period. If the Commission fails to
19 complete the review within the required period, the review
20 fee paid by the applicant under this Section shall be
21 refunded in full to the applicant. If, however, the
22 applicant withdraws the application at any time after the
23 Commission commences its review, no part of the review fee
24 shall be refunded to the applicant.
25 (Source: P.A. 88-347.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.