32 Ill. Adm. Code 334.30
Payment of Fees into the By-Product Material Safety Fund
Section 334
Section 334.30 Payment of
Fees into the By-Product Material Safety Fund
The storage fees assessed under
this Part are separate and distinct from any license fees imposed under 32 Ill.
Adm. Code 331.
a) The annual fee of $2 per cubic foot shall be assessed on the
quantity of by-product material in the owner or operator's possession on
January 1 of each year. The Department shall provide notice of the amount of
the fee to each owner by certified mail by February 1 of each year.
b) The quantity of material for the assessment in subsection (a)
above does not include by-product material that has been at the facility for
180 days or less.
c)
In connection with settling litigation regarding the amount
of the fee to be imposed, the Director may enter into an agreement with the
owner or operator of any facility specifying that the fee to be imposed shall
not exceed $26,000,000 in any calendar year
[420 ILCS 42/15(a)].
d) Beginning in 1995, the annual fee shall be payable in equal
installments on June 1, 1995, September 1, 1995, December 1, 1995 and December
31, 1995.
e) Beginning in 1996, the annual fee shall be payable in equal
quarterly installments due March 31, June 30, September 30 and December 31.
f) Payments shall be by check or money order made payable to the
Illinois Department of Nuclear Safety.
g) If the owner or operator wishes to contest the annual fee
assessment, the owner or operator may petition the Department to request a
hearing. This petition must be received by the Department on or before the
date the payment is due. If a hearing is granted, it shall be conducted in
accordance with 32 Ill. Adm. Code 200.
h) Any person failing to pay the fees as specified in this
Section may be issued a Preliminary Order and Notice of Opportunity for
Hearing, and may be subject to a civil penalty. This civil penalty shall
not
exceed 4 times the amount of the fees not paid
[420 ILCS 42/40(b)].