ILLINOIS€¦ · 36 August 24, 2020 September 4, 2020 37 August 31, 2020 September 11, 2020 38 September 8, 2020 September 18, 2020 39 September 14, 2020 September 25, 2020 40 September

ILLINOIS REGISTER RULES OF GOVERNMENTAL AGENCIES

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE

Index DepartmentAdministrative Code Division111 E. Monroe St.Springfield, IL 62756217-782-7017www.cyberdriveillinois.com

Printed on recycled paper

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TABLE OF CONTENTS

September 18, 2020 Volume 44, Issue 38

PROPOSED RULES STATE POLICE, ILLINOIS DEPARTMENT OF

Firearm Owners Identification Card Act

20 Ill. Adm. Code 1230..........................................................................14826

Firearm Concealed Carry Act Procedures

20 Ill. Adm. Code 1231..........................................................................14828

LABOR, DEPARTMENT OF

Illinois Child Labor Law

56 Ill. Adm. Code 250............................................................................14830

REVENUE, DEPARTMENT OF

Retailers' Occupation Tax

86 Ill. Adm. Code 130............................................................................14837

ADOPTED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF

Acquisition, Management and Disposal of Real Property

44 Ill. Adm. Code 5000..........................................................................14851

POLLUTION CONTROL BOARD

General Rules

35 Ill. Adm. Code 101............................................................................14867

Appeals of Final Decisions of State Agencies

35 Ill. Adm. Code 105............................................................................14897

Major Stationary Sources Construction and Modification

35 Ill. Adm. Code 203............................................................................14916

Prevention of Significant Destruction

35 Ill. Adm. Code 204............................................................................14923

Definitions and General Provisions

35 Ill. Adm. Code 211............................................................................15009

Organic Material Emission Standards and Limitations

35 Ill. Adm. Code 215............................................................................15032

RCRA and UIC Permit Programs

35 Ill. Adm. Code 702............................................................................15047

RCRA Permit Program

35 Ill. Adm. Code 703............................................................................15055

Hazardous Waste Management System: General

35 Ill. Adm. Code 720............................................................................15067

Identification and Listing of Hazardous Waste

35 Ill. Adm. Code 721............................................................................15142

Standards Applicable to Generators of Hazardous Waste

35 Ill. Adm. Code 722............................................................................15263

Standards Applicable to Transporters of Hazardous Waste

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35 Ill. Adm. Code 723............................................................................15331

Standards for Owners and Operators of Hazardous Waste Treatment,

Storage, and Disposal Facilities

35 Ill. Adm. Code 724............................................................................15347

Interim Status Standards for Owners and Operators of Hazardous

Waste Treatment, Storage, and Disposal Facilities

35 Ill. Adm. Code 725............................................................................15374

Standards for the Management of Specific Hazardous Waste and

Specific Types of Hazardous Waste Management Facilities

35 Ill. Adm. Code 726............................................................................15427

Land Disposal Restrictions

35 Ill. Adm. Code 728............................................................................15495

Standards for Universal Waste Management

35 Ill. Adm. Code 733............................................................................15520

Solid Waste Disposal: General Provisions

35 Ill. Adm. Code 810............................................................................15557

Standards for New Solid Waste Landfills

35 Ill. Adm. Code 811............................................................................15577

PUBLIC HEALTH, DEPARTMENT OF

Emergency Medical Services, Trauma Center, Comprehensive Stroke

Center, Primary Stroke Center and Acute Stroke Ready Hospital Code

77 Ill. Adm. Code 515............................................................................15619

AIDS Drug Assistance Program

77 Ill. Adm. Code 692............................................................................15759

Control of Sexually Transmissible Infections Code

77 Ill. Adm. Code 693............................................................................15764

HIV/AIDS Confidentiality and Testing Code

77 Ill. Adm. Code 697............................................................................15770

Grade A Pasteurized Milk and Milk Products

77 Ill. Adm. Code 775............................................................................15779

Drinking Water Systems Code

77 Ill. Adm. Code 900............................................................................15785

EMERGENCY RULES STATE POLICE, ILLINOIS DEPARTMENT OF

Firearm Owners Identification Card Act

20 Ill. Adm. Code 1230..........................................................................15819

Firearm Concealed Carry Act Procedures

20 Ill. Adm. Code 1231..........................................................................15823

SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES

Second Notices Received…...........................................................................15828

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE

ILLINOIS REGISTER REVENUE, DEPARTMENT OF

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2020 First and Second Quarter Sales & Miscellaneous Tax

Sunshine Index…………….................................................................15830

2020 First and Second Quarter Income Tax Sunshine Index........................15835

EXECUTIVE ORDERS AND PROCLAMATIONS EXECUTIVE ORDER

Executive Order In Response to COVID-19

(COVID-19 Executive Order No. 50)

2020-54………………...........................................................................15839

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INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking

activity initiated by State governmental agencies. The table of contents is arranged categorically

by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of

existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and

Proclamations issued by the Governor; notices of public information required by State Statute;

and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint

Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors

the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules

adopted by State agencies). The most recent edition of the Code, along with the Register,

comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois

Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2020

Issue# Rules Due Date Date of Issue

1 December 23, 2019 January 3, 2020

2 December 30, 2019 January 10, 2020

3 January 6, 2020 January 17, 2020



6 January 27, 2020 February 7, 2020

7 February 3, 2020 February 14, 2020



10 February 24, 2020 March 6, 2020

11 March 2, 2020 March 13, 2020

12 March 9, 2020 March 20, 2020

13 March 16, 2020 March 27, 2020

14 March 23, 2020 April 3, 2020

15 March 30, 2020 April 10, 2020

16 April 6, 2020 April 17, 2020

17 April 13, 2020 April 24, 2020

18 April 20, 2020 May 1, 2020

19 April 27, 2020 May 8, 2020

20 May 4, 2020 May 15, 2020

21 May 11, 2020 May 22, 2020

22 May 18, 2020 May 29, 2020

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23 May 26, 2020 June 5, 2020

24 June 1, 2020 June 12, 2020

25 June 8, 2020 June 19, 2020

26 June 15, 2020 June 26, 2020

27 June 22, 2020 July 6, 2020

28 June 29, 2020 July 10, 2020

29 July 6, 2020 July 17, 2020

30 July 13, 2020 July 24, 2020

31 July 20, 2020 July 31, 2020

32 July 27, 2020 August 7, 2020

33 August 3, 2020 August 14, 2020

34 August 10, 2020 August 21, 2020

35 August 17, 2020 August 28, 2020

36 August 24, 2020 September 4, 2020

37 August 31, 2020 September 11, 2020

38 September 8, 2020 September 18, 2020

39 September 14, 2020 September 25, 2020

40 September 21, 2020 October 2, 2020

41 September 28, 2020 October 9, 2020

42 October 5, 2020 October 16, 2020

43 October 13, 2020 October 23, 2020

44 October 19, 2020 October 30, 2020

45 October 26, 2020 November 6, 2020

46 November 2, 2020 November 13, 2020



49 November 23, 2020 December 4, 2020

50 November 30, 2020 December 11, 2020

51 December 7, 2020 December 18, 2020

52 December 14, 2020 December 28, 2020

ILLINOIS REGISTER 14826

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ILLINOIS STATE POLICE

NOTICE OF PROPOSED AMENDMENT

1) Heading of the Part: Firearm Owners Identification Card Act

2) Code Citation: 20 Ill. Adm. Code 1230

3) Section Number: Proposed Action:

1230.30 Amendment

4) Statutory Authority: Implementing and authorized by the Firearm Owners Identification

Card Act [430 ILCS 65] and authorized by Section 2605-120 of the Civil Administrative

Code of Illinois [20 ILCS 2605].

5) A Complete Description of the Subjects and Issues Involved: Due to the Gubernatorial

Disaster proclamations, this emergency rulemaking amends the FOID rules to extend the

expiration date for a FOID card for the period of the proclamations and the following 18

months. This extension is valid provided that the FOID card holder has submitted a

renewal application and the FOID card has not been revoked by ISP.

6) Published studies or reports, and sources of underlying data, used to compose this

rulemaking: None

7) Will this rulemaking replace any emergency rule currently in effect? Yes

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: This amendment will not require a local

government to establish, expend, or modify its activities in such a way as to necessitate

additional expenditures from local revenues.

12) Time, Place and Manner in which interested persons may comment on this proposed

rulemaking: Interested persons may comment to:

Ms Yvette C. Loizon

Chief Legal Counsel

Illinois State Police

801 South 7th Street, Suite 1000-S


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Springfield IL 62703

217/782-7658

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not-for-profit corporations

affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None

C) Types of professional skills necessary for compliance: None

14) Small Business Impact Analysis: None

15) Regulatory Agenda on which this rulemaking was summarized: This rule was not

included on either of the 2 most recent agendas because the need for it was unanticipated.

The full text of the Proposed Amendment is identical to the text of the Emergency Amendment

for this Part and begins in this issue of the Illinois Register on page 15819.


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1) Heading of the Part: Firearm Concealed Carry Act Procedures



1231.60 Amendment

4) Statutory Authority: Implements the Firearm Concealed Carry Act [430 ILCS 66] and

authorized by Section 95 of that Act.

5) A Complete Description of the Subjects and Issues Involved: Due to the Gubernatorial

Disaster proclamations, this emergency rulemaking amends the FCCL rules to extend the

expiration date for a license for the period of the proclamations and the following 18

months. This extension is valid provided that the FCCL holder has submitted a renewal

application and the FCCL has not been revoked by ISP.


rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes




11) Statement of Statewide Policy Objective: These rules will not require a local government

to establish, expend, or modify its activities in such a way as to necessitate additional

expenditures from local revenues.

12) Time, Place and Manner in which interested persons may comment on this proposed

rulemaking: Interested persons may comment to:

Ms Yvette C. Loizon

Chief Legal Counsel

Illinois State Police

801 South 7th Street, Suite 1000-S



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217/782-7658



affected: None




15) Regulatory Agenda on which this rulemaking was summarized: This rule was not

included on either of the 2 most recent agendas because the need for it was unanticipated.

The full text of the Proposed Amendment is identical to the text of the Emergency Amendment

for this Part and begins in this issue of the Illinois Register on page 15823.


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ILLINOIS DEPARTMENT OF LABOR


1) Heading of the Part: Illinois Child Labor Law



250.400 Amendment

4) Statutory Authority: 820 ILCS 205/16

5) A Complete Description of the Subjects and Issues Involved: The proposed rule is

amending and codifying an emergency rule that is in place. It would allow issuing

officers to implement a remote application process in lieu of an in-person application as

required in 820 ILCS 205 Section 12 for minors seeking employment. The remote

application process enables the issuing officers to receive all required documents,

confirms the identification and consent of parent/legal guardians and requires

participation of video or conference call with parent and minor to adhere to the intent of

the Act. The emergency rule was put in place in response to the COVID-19 pandemic as

social distancing policies and physical access to schools and education district offices

became standard practice. Electronic submission utilizes current technology and is

becoming the preferred method in the field. Additionally, that statute currently provides

a remote application for out-of-state minors seeking employment in Illinois. The

Department believes this process should not be more restrictive on Illinois resident

minors than out-of-state minors. Moreover, the intent of the statute to facilitate minors

ability to work during non-school hours and breaks.

6) Published studies and reports, and sources of underlying data, used to compose this

rulemaking: None

7) Will this rulemaking replace an emergency rule currently in effect? Yes




11) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a

mandate as described in Section 3(b) of the State Mandates Act.


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12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking: Comments on this proposed rulemaking may be submitted in writing for a

period of 45 days following publication of this Notice. Comments should be submitted

to:

Jason Keller

Illinois Department of Labor

900 South Spring St.


217/782-1706

[email protected]



affected: None



14) Small Business Impact Analysis: No adverse impact.

15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

anticipated at the time of the last Regulatory Agenda was published.

The full text of the Proposed Amendment begins on the next page:


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TITLE 56: LABOR AND EMPLOYMENT

CHAPTER I: DEPARTMENT OF LABOR

SUBCHAPTER b: REGULATION OF WORKING CONDITIONS

PART 250

ILLINOIS CHILD LABOR LAW

SUBPART A: DEFINITIONS

Section

250.100 Definition of the Act

250.105 Definitions

250.110 Minor (Repealed)

250.115 Agriculture (Repealed)

250.120 Week (Repealed)

250.125 Work (Repealed)

250.130 Time Record (Repealed)

250.135 Premises (Repealed)

250.140 Suffer (Repealed)

250.145 Garage (Repealed)

250.150 Employer and All Interested Parties (Repealed)

SUBPART B: EMPLOYMENT CONDITIONS SUBJECT TO THE ACT

Section

250.200 Employers Subject to the Act

250.205 Minors Assisting Employees of Tax Supported School Lunch Programs

250.210 Movie Theaters

250.215 Car Wash

250.220 Employment in or about Airfields

250.225 Office and Ice Cream Dispensing Equipment

250.230 Enclosed, Self-sealing Automatic Dishwashers

250.235 Power Driven Machinery

250.240 Exhibition Park or Place of Amusement

250.245 Employment in Establishments Selling Package Liquors

250.250 Shopping Malls and Similar Structures Containing Two or More Buildings

250.255 Performances in Alcoholic Beverage Serving Establishments Excepting those

Theatrical Productions in Sec. 8 of the Act

250.260 Employment of Minors as Models


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250.265 Parent/Guardian Required Presence at Performance

250.270 Non-Resident Minor Seeking Employment

SUBPART C: HOURS OF EMPLOYMENT

Section

250.300 Number of Days Employment Limit

250.302 Section 8.1(a) Work Hours Exception

250.305 Applying for a Section 8.1(b) Work Hours Waiver

250.310 Issuance of a Section 8.1(b) Work Hours Waiver

250.315 Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirements

SUBPART D: EMPLOYMENT CERTIFICATE ISSUING OFFICERS

Section

250.400 Responsibilities of Issuing Officers are responsible for:

SUBPART E: RESPONSIBILITIES OF EMPLOYERS

Section

250.500 The Employer shall:

SUBPART F: APPLICABILITY OF THE ILLINOIS

ADMINISTRATIVE PROCEDURE ACT

Section

250.600 Revocation of Employment Certificates; Civil Penalty Assessments

SUBPART G: HEARING PROCESS

Section

250.700 Procedure and Time Table for Suspension or Revocation of Employment

Certificates

250.705 Procedure for Child Labor Penalty Assessment

250.710 Assessing Penalties

250.715 Procedure for Contested Cases; Suspension or Revocation of Employment

Certificates; Final Determinations of Civil Penalties

SUBPART H: EMPLOYER VIOLATIONS


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Section

250.800 Minimum Age

250.805 Hours of Work

250.810 Meal Period

250.815 Posting of Hours

250.820 Time Record

250.825 Hazardous Occupations

250.830 Minor Under Sixteen Appearing in Theatrical Productions

250.835 Employment Certificate Required

250.840 Duties of Employers

250.845 Violations of Section 250.260 of the Rules and Regulations Pertaining to

Employment of Minors as Models

250.850 Parent/Guardian Not Present at Performance

250.855 Minors Under Sixteen Appearing in Television or Motion Picture Productions

250.860 Minors: Athletic or Acrobatic Activity and Stunts

AUTHORITY: Implementing Section 16 of the Illinois Child Labor Law [820 ILCS 205].

SOURCE: Adopted at 2 Ill. Reg. 22, p. 64, effective May 23, 1979; amended at 5 Ill. Reg. 902,

effective January 14, 1981; codified at 8 Ill. Reg. 18483; emergency amendment at 15 Ill. Reg.

16132, effective October 25, 1991, for a maximum of 150 days; amended at 16 Ill. Reg. 5335,

effective March 24, 1992; emergency amendment at 18 Ill. Reg. 16699, effective October 25,

1994, for a maximum of 150 days; amended at 19 Ill. Reg. 6564, effective May 2, 1995;

amended at 20 Ill. Reg. 6449, effective April 29, 1996; emergency amendment at 24 Ill. Reg.

17850, effective November 20, 2000, for a maximum of 150 days; emergency expired April 10,

2001; amended at 25 Ill. Reg. 864, effective January 5, 2001; amended at 25 Ill. Reg. 6291,

effective April 20, 2001; amended at 36 Ill. Reg. 314, effective December 22, 2011; emergency

amendment at 44 Ill. Reg. 10210, effective May 29, 2020, for a maximum of 150 days; amended

at 44 Ill. Reg. ______, effective ____________.

SUBPART D: EMPLOYMENT CERTIFICATE ISSUING OFFICERS

Section 250.400 Responsibilities of Issuing Officers are responsible for:

Issuing officers are responsible for:

a) A knowledge of the Child Labor Law, this Partthe Rules and Regulations issued

thereto, and the Department of Labor Publication "Procedures for Issuance of


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Certificates under the Illinois Child Labor Law".

b) Issuing legal employment certificates and maintaining necessary records to

comply with SectionsSection 10 through Section 12 of the Act.

c) A determination of the legality of the minor's proposed employment and whether

or not the minor is academically and physically capable of performing the work in

addition to the school requirements. If any one of the three tests isare not

satisfied, the issuing officer shall refuse to issue the employment certificate and

notify the minor and the proposed employer of thesuch refusal.

d) The petitioning of the Department of Labor to suspend any employment

certificate found to be illegally or improperly issued, or whenwhere it is believed

the employment is interfering with the best physical, intellectual or moral

development of the minor.

e) Issuance upon request of Certificate of Age for individuals sixteen (16) through

nineteen (19) years of age, inclusive.

f) Require a parent or legal guardian seeking a work permit on behalf a minor to

submit the following documents, through either a secure electronic transmission

or certified U.S. Mail, to protect personal identifiable information such as

birthdates, addresses, social security numbers, or any other document that may be

confidential in nature, as required by the issuing officers in accordance with

Section 12 of the Act, if in-person applications are not possible:

1) the application for employment;

2) the documents listed in Section 12 (1 through 4) of the Act; and

3) a copy of a government issued photo identification for the person

designated as the parent or legal guardian on the minor's birth certificate

or court order regarding adoption or guardianship.

g) Perform the following actions when an in-person interview with the minor and

parents or legal guardians are not possible:

1) receive and review the documents listed in subsection (f) in advance of the

interview;


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2) schedule and host a video conference interview, with the minor seeking

the employment certificate and the minor's parent or legal guardian

simultaneously, to confirm consent to seek employment and verify the

completeness of documents required by Section 12 (1 through 4) of the

Act and subsection (f) of this Section at the time of the interview;

3) if a parent or legal guardian does not have access to video technology,

telephonically interview the parent or guardian. In this circumstance, the

issuing officer must provide the Department with a statement indicating

the video interview was not possible and that a telephone interview was

conducted; and

4) e-mail a copy of the approved employment certificate to the Department

([email protected]).

(Source: Amended at 44 Ill. Reg. ______, effective ____________)


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DEPARTMENT OF REVENUE


1) Heading of the Part: Retailers' Occupation Tax



130.915 New Section

4) Statutory Authority: 35 ILCS 120/11

5) A Complete Description of the Subjects and Issues Involved: Section 11 of the Retailers'

Occupation Tax Act provides that "[a]ll information received by the Department from

returns filed under this Act, or from any investigation conducted under this Act, shall be

confidential, except for official purposes…." The purpose of this rulemaking is to provide

that when the Department is engaged in a joint investigation with a law enforcement

authority to enforce the Retailers' Occupation Tax Act or another tax Act administered by

the Department, it is an official purpose within the meaning of Section 11 of the

Retailers' Occupation Tax Act [35 ILCS 120/11] for the Department to furnish

information it receives in administering the Retailers' Occupation Tax Act with the law

enforcement authority.


rulemaking: None

7) Will this rulemaking replace an emergency rule currently in effect? No




11) Statement of Statewide Policy Objective: This rulemaking does not create or enlarge a

mandate as described in Section 3(b) of the State Mandates Act.

12) Time, Place, and Manner in which interested persons may comment on this proposed

rulemaking: Persons who wish to submit comments on this proposed rulemaking may

submit them in writing by no later than 45 days after publication of this Notice to:

Samuel J. Moore


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Illinois Department of Revenue

Legal Services Office

101 W. Jefferson St.


217/782-2844



affected: None




15) Regulatory Agenda on which this rulemaking was summarized: This rulemaking was not

included on either of the 2 most recent agendas because it is an initiative approved after

the most recent regulatory agenda was published.

The full text of the Proposed Amendment begins on the next page:


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TITLE 86: REVENUE

CHAPTER I: DEPARTMENT OF REVENUE

PART 130

RETAILERS' OCCUPATION TAX

SUBPART A: NATURE OF TAX

Section

130.101 Character and Rate of Tax

130.105 Responsibility of Trustees, Receivers, Executors or Administrators

130.110 Occasional Sales

130.111 Sale of Used Motor Vehicles, Aircraft, or Watercraft by Leasing or Rental

Business

130.115 Habitual Sales

130.120 Nontaxable Transactions

SUBPART B: SALE AT RETAIL

Section

130.201 The Test of a Sale at Retail

130.205 Sales for Transfer Incident to Service

130.210 Sales of Tangible Personal Property to Purchasers for Resale

130.215 Further Illustrations of Sales for Use or Consumption Versus Sales for Resale

130.220 Sales to Lessors of Tangible Personal Property

130.225 Drop Shipments

SUBPART C: CERTAIN STATUTORY EXEMPTIONS

Section

130.305 Farm Machinery and Equipment

130.310 Food, Soft Drinks and Candy

130.311 Drugs, Medicines, Medical Appliances and Grooming and Hygiene Products

130.315 Fuel Sold for Use in Vessels on Rivers Bordering Illinois

130.320 Gasohol, Majority Blended Ethanol, Biodiesel Blends, and 100% Biodiesel

130.321 Fuel Used by Air Common Carriers in Flights Engaged in Foreign Trade or

Engaged in Trade Between the United States and any of its Possessions

130.325 Graphic Arts Machinery and Equipment Exemption

130.330 Manufacturing Machinery and Equipment


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130.331 Manufacturer's Purchase Credit

130.332 Automatic Vending Machines

130.335 Pollution Control Facilities and Low Sulfur Dioxide Emission Coal-Fueled

Devices

130.340 Rolling Stock

130.341 Commercial Distribution Fee Sales Tax Exemption

130.345 Oil Field Exploration, Drilling and Production Equipment

130.350 Coal Exploration, Mining, Off Highway Hauling, Processing, Maintenance and

Reclamation Equipment

130.351 Aggregate Exploration, Mining, Off Highway Hauling, Processing, Maintenance

and Reclamation Equipment

SUBPART D: GROSS RECEIPTS

Section

130.401 Meaning of Gross Receipts

130.405 How to Avoid Paying Tax on State or Local Tax Passed on to the Purchaser

130.410 Cost of Doing Business Not Deductible

130.415 Transportation and Delivery Charges

130.420 Finance or Interest Charges – Penalties – Discounts

130.425 Traded-In Property

130.430 Deposit or Prepayment on Purchase Price

130.435 State and Local Taxes Other Than Retailers' Occupation Tax

130.440 Penalties

130.445 Federal Taxes

130.450 Installation, Alteration and Special Service Charges

130.455 Motor Vehicle Leasing and Trade-In Allowances

SUBPART E: RETURNS

Section

130.501 Monthly Tax Returns – When Due – Contents

130.502 Quarterly Tax Returns

130.505 Returns and How to Prepare

130.510 Annual Tax Returns

130.515 First Return

130.520 Final Returns When Business is Discontinued

130.525 Who May Sign Returns

130.530 Returns Covering More Than One Location Under Same Registration – Separate


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Returns for Separately Registered Locations

130.535 Payment of the Tax, Including Quarter Monthly Payments in Certain Instances

130.540 Returns on a Transaction by Transaction Basis

130.545 Registrants Must File a Return for Every Return Period

130.550 Filing of Returns for Retailers by Suppliers Under Certain Circumstances

130.551 Prepayment of Retailers' Occupation Tax on Motor Fuel

130.552 Alcoholic Liquor Reporting

130.555 Vending Machine Information Returns

130.560 Verification of Returns

SUBPART F: INTERSTATE COMMERCE

Section

130.601 Preliminary Comments (Repealed)

130.605 Sales of Property Originating in Illinois; Questions of Interstate Commerce

130.610 Sales of Property Originating in Other States (Repealed)

SUBPART G: CERTIFICATE OF REGISTRATION

Section

130.701 General Information on Obtaining a Certificate of Registration

130.705 Procedure in Disputed Cases Involving Financial Responsibility Requirements

130.710 Procedure When Security Must be Forfeited

130.715 Sub-Certificates of Registration

130.720 Separate Registrations for Different Places of Business of Same Taxpayer Under

Some Circumstances

130.725 Display

130.730 Replacement of Certificate

130.735 Certificate Not Transferable

130.740 Certificate Required For Mobile Vending Units

130.745 Revocation of Certificate

SUBPART H: BOOKS AND RECORDS

Section

130.801 Books and Records − General Requirements

130.805 What Records Constitute Minimum Requirement

130.810 Records Required to Support Deductions

130.815 Preservation and Retention of Records


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130.820 Preservation of Books During Pendency of Assessment Proceedings

130.825 Department Authorization to Destroy Records Sooner Than Would Otherwise be

Permissible

SUBPART I: PENALTIES AND INTEREST

Section

130.901 Civil Penalties

130.905 Interest

130.910 Criminal Penalties

130.915 Criminal Investigations

SUBPART J: BINDING OPINIONS

Section

130.1001 When Opinions from the Department are Binding

SUBPART K: SELLERS LOCATED ON, OR SHIPPING TO, FEDERAL AREAS

Section

130.1101 Definition of Federal Area

130.1105 When Deliveries on Federal Areas Are Taxable

130.1110 No Distinction Between Deliveries on Federal Areas and Illinois Deliveries

Outside Federal Areas

SUBPART L: TIMELY MAILING TREATED AS TIMELY FILING AND PAYING

Section

130.1201 General Information

130.1205 Due Date that Falls on Saturday, Sunday or a Holiday

SUBPART M: LEASED PORTIONS OF LESSOR'S BUSINESS SPACE

Section

130.1301 When Lessee of Premises Must File Return for Leased Department

130.1305 When Lessor of Premises Should File Return for Business Operated on Leased

Premises

130.1310 Meaning of "Lessor" and "Lessee" in this Regulation


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SUBPART N: SALES FOR RESALE

Section

130.1401 Seller's Responsibility to Determine the Character of the Sale at the Time of the

Sale

130.1405 Seller's Responsibility to Obtain Certificates of Resale and Requirements for

Certificates of Resale

130.1410 Requirements for Certificates of Resale (Repealed)

130.1415 Resale Number – When Required and How Obtained

130.1420 Blanket Certificate of Resale (Repealed)

SUBPART O: CLAIMS TO RECOVER ERRONEOUSLY PAID TAX

Section

130.1501 Claims for Credit – Limitations – Procedure

130.1505 Disposition of Credit Memoranda by Holders Thereof

130.1510 Refunds

130.1515 Interest

SUBPART P: PROCEDURE TO BE FOLLOWED UPON

SELLING OUT OR DISCONTINUING BUSINESS

Section

130.1601 When Returns are Required After a Business is Discontinued

130.1605 When Returns Are Not Required After Discontinuation of a Business

130.1610 Cross Reference to Bulk Sales Regulation

SUBPART Q: NOTICE OF SALES OF GOODS IN BULK

Section

130.1701 Bulk Sales: Notices of Sales of Business Assets

SUBPART R: POWER OF ATTORNEY

Section

130.1801 When Powers of Attorney May be Given

130.1805 Filing of Power of Attorney With Department

130.1810 Filing of Papers by Agent Under Power of Attorney


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SUBPART S: SPECIFIC APPLICATIONS

Section

130.1901 Addition Agents to Plating Baths

130.1905 Agricultural Producers

130.1910 Antiques, Curios, Art Work, Collectors' Coins, Collectors' Postage Stamps and

Like Articles

130.1915 Auctioneers and Agents

130.1920 Barbers and Beauty Shop Operators

130.1925 Blacksmiths

130.1930 Chiropodists, Osteopaths and Chiropractors

130.1934 Community Water Supply

130.1935 Computer Software

130.1940 Construction Contractors and Real Estate Developers

130.1945 Co-operative Associations

130.1946 Tangible Personal Property Used or Consumed in Graphic Arts Production within

Enterprise Zones Located in a County of more than 4,000 Persons and less than

45,000 Persons

130.1947 Tangible Personal Property Used or Consumed in the Process of Manufacturing

and Assembly within Enterprise Zones or by High Impact Businesses

130.1948 Tangible Personal Property Used or Consumed in the Operation of Pollution

Control Facilities Located within Enterprises Zones

130.1949 Sales of Building Materials Incorporated into the South Suburban Airport

130.1950 Sales of Building Materials Incorporated into the Illiana Expressway

130.1951 Sales of Building Materials Incorporated into Real Estate within Enterprise Zones

130.1952 Sales of Building Materials to a High Impact Business

130.1953 Sales of Building Materials to be Incorporated into a Redevelopment Project Area

within an Intermodal Terminal Facility Area

130.1954 Sales of Building Materials Incorporated into Real Estate within River Edge

Redevelopment Zones

130.1955 Farm Chemicals

130.1956 Dentists

130.1957 Tangible Personal Property Used in the Construction or Operation of Data

Centers

130.1960 Finance Companies and Other Lending Agencies – Installment Contracts – Bad

Debts

130.1965 Florists and Nurserymen

130.1970 Hatcheries

130.1971 Sellers of Pets and the Like


20



130.1975 Operators of Games of Chance and Their Suppliers

130.1980 Optometrists and Opticians

130.1985 Pawnbrokers

130.1990 Peddlers, Hawkers and Itinerant Vendors

130.1995 Personalizing Tangible Personal Property

130.2000 Persons Engaged in the Printing, Graphic Arts or Related Occupations, and Their

Suppliers

130.2004 Sales to Nonprofit Arts or Cultural Organizations

130.2005 Persons Engaged in Nonprofit Service Enterprises and in Similar Enterprises

Operated As Businesses, and Suppliers of Such Persons

130.2006 Sales by Teacher-Sponsored Student Organizations

130.2007 Exemption Identification Numbers

130.2008 Sales by Nonprofit Service Enterprises

130.2009 Personal Property Purchased Through Certain Fundraising Events for the Benefit

of Certain Schools

130.2010 Persons Who Rent or Lease the Use of Tangible Personal Property to Others

130.2011 Sales to Persons Who Lease Tangible Personal Property to Exempt Hospitals

130.2012 Sales to Persons Who Lease Tangible Personal Property to Governmental Bodies

130.2013 Persons in the Business of Both Renting and Selling Tangible Personal Property –

Tax Liabilities, Credit

130.2015 Persons Who Repair or Otherwise Service Tangible Personal Property

130.2020 Physicians and Surgeons

130.2025 Picture-Framers

130.2030 Public Amusement Places

130.2035 Registered Pharmacists and Druggists

130.2040 Retailers of Clothing

130.2045 Retailers on Premises of the Illinois State Fair, County Fairs, Art Shows, Flea

Markets and the Like

130.2050 Sales and Gifts By Employers to Employees

130.2055 Sales by Governmental Bodies

130.2060 Sales of Alcoholic Beverages, Motor Fuel and Tobacco Products

130.2065 Sales of Automobiles for Use In Demonstration (Repealed)

130.2070 Sales of Containers, Wrapping and Packing Materials and Related Products

130.2075 Sales To Construction Contractors, Real Estate Developers and Speculative

Builders

130.2076 Sales to Purchasers Performing Contracts with Governmental Bodies

130.2080 Sales to Governmental Bodies, Foreign Diplomats and Consular Personnel

130.2085 Sales to or by Banks, Savings and Loan Associations and Credit Unions

130.2090 Sales to Railroad Companies


20



130.2095 Sellers of Gasohol, Coal, Coke, Fuel Oil and Other Combustibles

130.2100 Sellers of Feeds and Breeding Livestock

130.2101 Sellers of Floor Coverings

130.2105 Sellers of Newspapers, Magazines, Books, Sheet Music and Musical Recordings,

and Their Suppliers; Transfer of Data Downloaded Electronically

130.2110 Sellers of Seeds and Fertilizer

130.2115 Sellers of Machinery, Tools and Special Order Items

130.2120 Suppliers of Persons Engaged in Service Occupations and Professions

130.2125 Discount Coupons, Gift Situations, Trading Stamps, Automobile Rebates and

Dealer Incentives

130.2130 Undertakers and Funeral Directors

130.2135 Vending Machines

130.2140 Vendors of Curtains, Slip Covers and Other Similar Items Made to Order

130.2145 Vendors of Meals

130.2150 Vendors of Memorial Stones and Monuments

130.2155 Tax Liability of Sign Vendors

130.2156 Vendors of Steam

130.2160 Vendors of Tangible Personal Property Employed for Premiums, Advertising,

Prizes, Etc.

130.2165 Veterinarians

130.2170 Warehousemen

SUBPART T: DIRECT PAYMENT PROGRAM

Section

130.2500 Direct Payment Program

130.2505 Qualifying Transactions, Non-transferability of Permit

130.2510 Permit Holder's Payment of Tax

130.2515 Application for Permit

130.2520 Qualification Process and Requirements

130.2525 Application Review

130.2530 Recordkeeping Requirements

130.2535 Revocation and Withdrawal

130.ILLUSTRATION A Examples of Tax Exemption Cards

130.ILLUSTRATION B Example of Notice of Revocation of Certificate of Registration

130.ILLUSTRATION C Food Flow Chart


20



AUTHORITY: Implementing the Illinois Retailers' Occupation Tax Act [35 ILCS 120] and

authorized by Section 2505-25 of the Department of Revenue Law [20 ILCS 2505].

SOURCE: Adopted July l, 1933; amended at 2 Ill. Reg. 50, p. 71, effective December 10, 1978;

amended at 3 Ill. Reg. 12, p. 4, effective March 19, 1979; amended at 3 Ill. Reg. 13, pp. 93 and

95, effective March 25, 1979; amended at 3 Ill. Reg. 23, p. 164, effective June 3, 1979; amended

at 3 Ill. Reg. 25, p. 229, effective June 17, 1979; amended at 3 Ill. Reg. 44, p. 193, effective

October 19, 1979; amended at 3 Ill. Reg. 46, p. 52, effective November 2, 1979; amended at 4

Ill. Reg. 24, pp. 520, 539, 564 and 571, effective June l, 1980; amended at 5 Ill. Reg. 818,

effective January 2, 1981; amended at 5 Ill. Reg. 3014, effective March 11, 1981; amended at 5

Ill. Reg. 12782, effective November 2, 1981; amended at 6 Ill. Reg. 2860, effective March 3,

1982; amended at 6 Ill. Reg. 6780, effective May 24, 1982; codified at 6 Ill. Reg. 8229;

recodified at 6 Ill. Reg. 8999; amended at 6 Ill. Reg. 15225, effective December 3, 1982;

amended at 7 Ill. Reg. 7990, effective June 15, 1983; amended at 8 Ill. Reg. 5319, effective April

11, 1984; amended at 8 Ill. Reg. 19062, effective September 26, 1984; amended at 10 Ill. Reg.

1937, effective January 10, 1986; amended at 10 Ill. Reg. 12067, effective July l, 1986; amended

at 10 Ill. Reg. 19538, effective November 5, 1986; amended at 10 Ill. Reg. 19772, effective

November 5, 1986; amended at 11 Ill. Reg. 4325, effective March 2, 1987; amended at 11 Ill.

Reg. 6252, effective March 20, 1987; amended at 11 Ill. Reg. 18284, effective October 27, 1987;

amended at 11 Ill. Reg. 18767, effective October 28, 1987; amended at 11 Ill. Reg. 19138,

effective October 29, 1987; amended at 11 Ill. Reg. 19696, effective November 23, 1987;

amended at 12 Ill. Reg. 5652, effective March 15, 1988; emergency amendment at 12 Ill. Reg.

14401, effective September 1, 1988, for a maximum of 150 days, modified in response to an

objection of the Joint Committee on Administrative Rules at 12 Ill. Reg. 19531, effective

November 4, 1988, not to exceed the 150 day time limit of the original rulemaking; emergency

expired January 29, 1989; amended at 13 Ill. Reg. 11824, effective June 29, 1989; amended at 14

Ill. Reg. 241, effective December 21, 1989; amended at 14 Ill. Reg. 872, effective January 1,

1990; amended at 14 Ill. Reg. 15463, effective September 10, 1990; amended at 14 Ill. Reg.

16028, effective September 18, 1990; amended at 15 Ill. Reg. 6621, effective April 17, 1991;

amended at 15 Ill. Reg. 13542, effective August 30, 1991; amended at 15 Ill. Reg. 15757,

effective October 15, 1991; amended at 16 Ill. Reg. 1642, effective January 13, 1992; amended

at 17 Ill. Reg. 860, effective January 11, 1993; amended at 17 Ill. Reg. 18142, effective October

4, 1993; amended at 17 Ill. Reg. 19651, effective November 2, 1993; amended at 18 Ill. Reg.

1537, effective January 13, 1994; amended at 18 Ill. Reg. 16866, effective November 7, 1994;

amended at 19 Ill. Reg. 13446, effective September 12, 1995; amended at 19 Ill. Reg. 13568,

effective September 11, 1995; amended at 19 Ill. Reg. 13968, effective September 18, 1995;

amended at 20 Ill. Reg. 4428, effective March 4, 1996; amended at 20 Ill. Reg. 5366, effective

March 26, 1996; amended at 20 Ill. Reg. 6991, effective May 7, 1996; amended at 20 Ill. Reg.

9116, effective July 2, 1996; amended at 20 Ill. Reg. 15753, effective December 2, 1996;


20



expedited correction at 21 Ill. Reg. 4052, effective December 2, 1996; amended at 20 Ill. Reg.

16200, effective December 16, 1996; amended at 21 Ill. Reg. 12211, effective August 26, 1997;

amended at 22 Ill. Reg. 3097, effective January 27, 1998; amended at 22 Ill. Reg. 11874,

effective June 29, 1998; amended at 22 Ill. Reg. 19919, effective October 28, 1998; amended at

22 Ill. Reg. 21642, effective November 25, 1998; amended at 23 Ill. Reg. 9526, effective July 29,

1999; amended at 23 Ill. Reg. 9898, effective August 9, 1999; amended at 24 Ill. Reg. 10713,

effective July 7, 2000; emergency amendment at 24 Ill. Reg. 11313, effective July 12, 2000, for a

maximum of 150 days; amended at 24 Ill. Reg. 15104, effective October 2, 2000; amended at 24

Ill. Reg. 18376, effective December 1, 2000; amended at 25 Ill. Reg. 941, effective January 8,

2001; emergency amendment at 25 Ill. Reg. 1792, effective January 16, 2001, for a maximum of

150 days; amended at 25 Ill. Reg. 4674, effective March 15, 2001; amended at 25 Ill. Reg. 4950,

effective March 19, 2001; amended at 25 Ill. Reg. 5398, effective April 2, 2001; amended at 25

Ill. Reg. 6515, effective May 3, 2001; expedited correction at 25 Ill. Reg. 15681, effective May

3, 2001; amended at 25 Ill. Reg. 6713, effective May 9, 2001; amended at 25 Ill. Reg. 7264,

effective May 25, 2001; amended at 25 Ill. Reg. 10917, effective August 13, 2001; amended at

25 Ill. Reg. 12841, effective October 1, 2001; amended at 26 Ill. Reg. 958, effective January 15,


effective February 13, 2002; amended at 26 Ill. Reg. 5369, effective April 1, 2002; amended at

26 Ill. Reg. 5946, effective April 15, 2002; amended at 26 Ill. Reg. 8423, effective May 24,

2002; amended at 26 Ill. Reg. 9885, effective June 24, 2002; amended at 27 Ill. Reg. 795,

effective January 3, 2003; emergency amendment at 27 Ill. Reg. 11099, effective July 7, 2003,

for a maximum of 150 days; emergency expired December 3, 2003; amended at 27 Ill. Reg.

17216, effective November 3, 2003; emergency amendment at 27 Ill. Reg. 18911, effective

November 26, 2003, for a maximum of 150 days; emergency expired April 23, 2004; amended at

28 Ill. Reg. 9121, effective June 18, 2004; amended at 28 Ill. Reg. 11268, effective July 21,

2004; emergency amendment at 28 Ill. Reg. 15193, effective November 3, 2004, for a maximum

of 150 days; emergency expired April 1, 2005; amended at 29 Ill. Reg. 7004, effective April 26,

2005; amended at 31 Ill. Reg. 3574, effective February 16, 2007; amended at 31 Ill. Reg. 5621,

effective March 23, 2007; amended at 31 Ill. Reg. 13004, effective August 21, 2007; amended at

31 Ill. Reg. 14091, effective September 21, 2007; amended at 32 Ill. Reg. 4226, effective March

6, 2008; emergency amendment at 32 Ill. Reg. 8785, effective May 29, 2008, for a maximum of

150 days; emergency expired October 25, 2008; amended at 32 Ill. Reg. 10207, effective June

24, 2008; amended at 32 Ill. Reg. 17228, effective October 15, 2008; amended at 32 Ill. Reg.

17519, effective October 24, 2008; amended at 32 Ill. Reg. 19128, effective December 1, 2008;

amended at 33 Ill. Reg. 1762, effective January 13, 2009; amended at 33 Ill. Reg. 2345, effective

January 23, 2009; amended at 33 Ill. Reg. 3999, effective February 23, 2009; amended at 33 Ill.

Reg. 15781, effective October 27, 2009; amended at 33 Ill. Reg. 16711, effective November 20,

2009; amended at 34 Ill. Reg. 9405, effective June 23, 2010; amended at 34 Ill. Reg. 12935,

effective August 19, 2010; amended at 35 Ill. Reg. 2169, effective January 24, 2011; amended at


20



36 Ill. Reg. 6662, effective April 12, 2012; amended at 38 Ill. Reg. 12909, effective June 9,

2014; amended at 38 Ill. Reg. 17060, effective July 25, 2014; amended at 38 Ill. Reg. 17421,

effective July 31, 2014; amended at 38 Ill. Reg. 17756, effective August 6, 2014; amended at 38

Ill. Reg. 19998, effective October 1, 2014; amended at 39 Ill. Reg. 1793, effective January 12,

2015; amended at 39 Ill. Reg. 12597, effective August 26, 2015; amended at 39 Ill. Reg. 14616,

effective October 22, 2015; amended at 40 Ill. Reg. 6130, effective April 1, 2016; amended at 40

Ill. Reg. 13448, effective September 9, 2016; amended at 41 Ill. Reg. 10721, effective August 1,


effective March 20, 2019; amended at 43 Ill. Reg. 5069, effective April 17, 2019; amended at 43

Ill. Reg. 8865, effective July 30, 2019; emergency amendment at 43 Ill. Reg. 9841, effective

August 21, 2019, for a maximum of 150 days; emergency amendment at 44 Ill. Reg. 552,

effective December 27, 2019, for a maximum of 150 days; emergency expired May 24, 2020;

emergency amendment at 44 Ill. Reg. 2055, effective January 13, 2020, for a maximum of 180

days; amended at 44 Ill. Reg. 5392, effective March 16, 2020; amended at 44 Ill. Reg. 10981,

effective June 10, 2020; amended at 44 Ill. Reg. 13975, effective August 11, 2020; amended at

44 Ill. Reg. ______, effective ____________.

SUBPART I: PENALTIES AND INTEREST

Section 130.915 Criminal Investigations

a) All information received by the Department from returns filed under the Retailers'

Occupation Tax Act [35 ILCS 120], or from any investigation conducted under

the Retailers' Occupation Tax Act, shall be confidential, except for official

purposes, and any person who divulges any such information in any manner,

except in accordance with a proper judicial order or as otherwise provided by

law, shall be guilty of a Class B misdemeanor with a fine not to exceed $7,500.

(Section 11 of the Act)

b) When the Department is engaged in a joint investigation with a law enforcement

authority, including, but not limited to, State agency law enforcement, federal

agency law enforcement, county sheriffs or municipal police, to enforce the

Retailers' Occupation Tax Act (ROTA) or another tax Act administered by the

Department, it is an official purpose within the meaning of Section 11 of ROTA

for the Department to furnish information it receives in administering ROTA with

the law enforcement authority. The information shall be provided pursuant to a

written agreement and shall be subject to all confidentiality provisions of Section

11 of ROTA. The written agreement shall provide for reciprocity, limitations on

access, disclosure, and procedures for requesting information. A person receiving


20



information pursuant to an official purpose who divulges any such information in

any manner, except in accordance with a proper judicial order or as otherwise

provided by law, shall be guilty of a Class B misdemeanor with a fine not to

exceed $7,500.

(Source: Added at 44 Ill. Reg. ______, effective ____________)


20

DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Acquisition, Management and Disposal of Real Property


3) Section Numbers: Adopted Actions:

5000.340 Amendment

5000.APPENDIX A Amendment

4) Statutory Authority: Implementing Section 7.1 of the State Property Control Act [30

ILCS 605], implementing and authorized by Sections 5-675 [20 ILCS 5], 405-215, 405-

300, 405-305, 405-310 and 405-315 [20 ILCS 405] of the Civil Administrative Code of

Illinois and authorized by Section 6 of the State Property Control Act [30 ILCS 605] and

the Illinois Procurement Code [30 ILCS 500].

5) Effective Date of Rules: September 1, 2020



8) A copy of the adopted rules, including any material incorporated by reference, is on file

in the Agency's principal office and is available for public inspection.

9) Notice of Proposal published in Illinois Register: 44 Ill. Reg. 8454; May 22, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Difference between Proposal and Final Version: No changes were made.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the

agreements issued by JCAR? No changes were requested by JCAR.

13) Will this rulemaking replace any emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: The amendments update the statewide space

standards in order to promote efficient and cost-effective use of facilities, support

flexibility, and provide employees with productive work environments.


20



16) Information and questions regarding these adopted rules shall be directed to:

Sean Coombe

Department of Central Management Services

720 Stratton Office Building


217/782-2141

The full text of the Adopted Amendments begins on the next page:


20



TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING,

PROCUREMENT AND PROPERTY MANAGEMENT

SUBTITLE D: PROPERTY MANAGEMENT

CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

PART 5000

ACQUISITION, MANAGEMENT AND DISPOSAL OF REAL PROPERTY

SUBPART A: GENERAL

Section

5000.100 Authority

5000.110 Policy

5000.120 Applicability

SUBPART B: LEASED SPACE ACQUISITION POLICY

Section

5000.200 General Policy and Responsibility

5000.210 Requests for Space/Agency Responsibilities

5000.220 Acquisition Authority

5000.230 General Acquisition Procedures

5000.231 Acquisition of Leases by RFI

5000.232 Leases Acquired by Other Methods

5000.233 Renewal or Extension of Lease in Effect Prior to July 1, 1998

5000.234 Renewal of Leases Entered into After July 1, 1998

5000.235 Purchase Options

5000.240 Lease Administration

5000.250 Emergency Lease Procurement

SUBPART C: BUILDING STANDARDS

Section

5000.300 Scope

5000.310 Area Measurement

5000.320 Space Planning Assistance

5000.330 Open Space

5000.340 Space Allowance and Standards

5000.350 Office Furnishing


20



5000.360 Handicapped Accessibility

5000.370 Vending Facilities/Blind Operators

5000.380 Improvements

SUBPART D: ASSIGNMENT AND MANAGEMENT OF SPACE

Section

5000.400 Assignment and Management by DCMS

5000.410 Assignment by Agencies

5000.420 Reviews and Appeal of Space Assignment Actions

5000.430 Services Provided

5000.440 Alterations

5000.450 Local Requirements

SUBPART E: UTILIZATION OF SPACE

(STATE-OWNED AND LEASED PROPERTIES)

Section

5000.500 Space Inspections and Surveys

5000.510 Responsibility of Agencies

5000.520 Release of Space notNot Fully Utilized

5000.530 Notice to DCMS of Relinquishment or Termination of Space

SUBPART F: EXCESS REAL PROPERTY

Section

5000.600 Excess Real Property Defined

5000.610 Reports of Excess Real Property

5000.620 Utilization of Excess Real Property

5000.630 Charges for Use of Excess Property

5000.640 Temporary Occupancy

5000.650 Disputes

5000.660 Non-State Use

SUBPART G: SURPLUS REAL PROPERTY

Section

5000.700 Surplus Real Property Defined

5000.710 Declaration of Surplus


20



5000.720 Reporting Surplus Real Property

5000.730 Notice of Availability to State Agencies

5000.740 State Agency Requests for Surplus Real Property

5000.750 Transfer Decisions

5000.760 Transfer Procedures

5000.770 Transfer to Department of Central Management Services

5000.780 Subsequent Disposal

5000.790 Sale of Surplus

5000.800 Notice of Sale to Local Governments

5000.810 Local Government Offer to Purchase

5000.820 Public Sale

5000.830 Public Sale Procedures

5000.840 Non-State Interim Use

SUBPART H: USE OF OFFICE BUILDING

Section


5000.901 Building Access and Security

5000.902 Security

5000.910 Definitions

5000.920 Business Hours and Public Access

5000.930 Prohibited Activities

5000.940 Demonstrations

5000.950 Exhibits and Special Events

5000.960 Distribution of Leaflets

5000.970 Severability

5000.APPENDIX A Space Standards

5000.APPENDIX B Rental Fees

AUTHORITY: Implementing Section 7.1 of the State Property Control Act [30 ILCS 605],

implementing and authorized by Sections 5-675 [20 ILCS 5], 405-215, 405-300, 405-305, 405-

310 and 405-315 [20 ILCS 405] of the Civil Administrative Code of Illinois and authorized by

Section 6 of the State Property Control Act [30 ILCS 605] and the Illinois Procurement Code [30

ILCS 500].

SOURCE: Adopted at 6 Ill. Reg. 12984, effective October 13, 1982; emergency amendment at 7

Ill. Reg. 3743, effective March 18, 1983, for a maximum of 150 days; amended at 7 Ill. Reg.


20



7825, effective June 22, 1983; emergency amendment at 8 Ill. Reg. 13444, effective July 17,

1984, for a maximum of 150 days; codified at 8 Ill. Reg. 19345; amended at 10 Ill. Reg. 636,

effective December 31, 1985; amended at 17 Ill. Reg. 1006, effective January 19, 1993;

emergency amendment at 17 Ill. Reg. 2361, effective February 5, 1993, for a maximum of 150

days; amended at 17 Ill. Reg. 10753, effective July 1, 1993; amended at 18 Ill. Reg. 1886,

effective January 21, 1994; emergency amendment at 17 Ill. Reg. 15653, effective September 9,

1993, for a maximum of 150 days; amended at 19 Ill. Reg. 585, effective January 9, 1995;

amended at 20 Ill. Reg. 15002, effective November 7, 1996; emergency amendment at 22 Ill.

Reg. 12569, effective July 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 20545,

effective November 16, 1998; emergency amendment at 25 Ill. Reg. 15438, effective November

16, 2001, for a maximum of 150 days; emergency expired April 14, 2002; 26 Ill. Reg. 8083,

effective May 17, 2002; amended at 27 Ill. Reg. 2105, effective January 27, 2003; emergency

amendment at 29 Ill. Reg. 15686 effective November 17, 2004, for a maximum of 150 days;

emergency expired April 15, 2005; amended at 30 Ill. Reg. 14094, effective August 10, 2006;

amended at 31 Ill. Reg. 99, effective December 20, 2006; recodified Title of the Part at 39 Ill.

Reg. 5903; emergency amendment at 44 Ill. Reg. 13754, effective August 10, 2020, for a

maximum of 150 days; amended at 44 Ill. Reg. 14851, effective September 1, 2020.

SUBPART C: BUILDING STANDARDS

Section 5000.340 Space Allowance and Standards

a) In Appendix A, DCMS is providing space standards that support efficient and

cost-effective use of facilities, support flexibility, and provide employees with

productive work environments. These space standards dictate the allotment of

individual, collaborative, and support space. In planning office space, size and

layout shall be consistent with the standards listed in Appendix A. Agency

implementation of these space standards shall be done in cooperation with DCMS

and shall support the needs of the agency. These DCMS space standards are

implemented to reduce costs, optimize the State facilities portfolio, and minimize

construction costs, while providing employees with better workspace in which

they can collaborate, focus, and serve the citizens of the State of Illinois.

b) These standards shall apply to upgrades, renovations and new construction of

State agency facilities. No rearrangement or remodeling of existing space will be

authorized for the sole purpose of conforming to these standards.

c) Individual agency functions and needs, and physical variations in State property,

may require variations in the amount of space assigned. The division of agency


20



space into private, semi-private and open areas will be evaluated by DCMS on a

case-by-case basis.Space allowed for specific personnel and operations should not

exceed that which is necessary to work efficiently and effectively. In planning

office space, size and layout should be consistent with the standards listed in

Appendix A. It is recognized, however, that agency functions and needs and

physical variations in buildings will cause variations in the amount of space

assigned, and its division into private, semi-private and open areas. No

rearrangement or remodeling of existing space shall be authorized for the sole

purpose of conforming to these standards.

(Source: Amended at 44 Ill. Reg. 14851, effective September 1, 2020)


20



Section 5000.APPENDIX A Space Standards

These space standards guide the design of interior spaces by establishing policies and

requirements to provide State employees with functional work environments appropriate for their

required tasks, maximize the efficient use of space, and enhance work areas for all employees

and the public. Please note that, in some cases and based upon operations, unique functions and

existing building conditions and dimensions that do not meet the space requirements of this

Appendix may be greater and/or smaller than what is indicated. DCMS will evaluate and make

final recommendations on a case by case basis.

These space standards will be reflected in the Space Request form, which is available from

DCMS.

In the analysis of the basic units of activity, the following standards of space were developed to

reflect the requirement of recurring, typical activities. The standards provide the occupant of

each work station with space sufficient to conduct his/her business in an efficient manner. The

amount of space allocated to each activity type includes allowances for various units of

equipment and intrawork station circulation. Additional allowances are used for supporting

space for each job position, as well as general circulation, conference rooms, library, reception

area, special storage, and other unusual space requirements.

A) Enclosed Interior Office Space Standards

Enclosed private office space for agency Directors, Deputy Directors, the head of a

Division, Bureau or Office, and similar employees requiring space to conduct private and

confidential business shall be sized in accordance with one of the following 3 types.

1. Small Office Type: 100 through 120 SF

2. Medium Office Type: 120 through 150 SF

3. Large Office Type: 225 through 250 SF

B) Open Interior Work Station Space Standards

1. All open interior work stations shall be sized in accordance with the following

(for work stations and cubicles):

a. Bench Type: 25 SF to 30 SF work areas and desks, with or without

separators


20



b. Small Cubicle Type*: 36 SF

c. Medium Cubicle Type: 48 SF

d. Large Cubicle Type: 64 SF to 80 SF

2. Huddle/Collaboration Areas:

a. For 4 Staff: 64 SF

b. For 6 to 8 Staff: 144 SF

c. For 10 to 14 Staff: 225 SF

3. Reception Areas:

a. With No Waiting: 100 through 120 SF

b. With 4-6 Chairs for Waiting: 144 through 160 SF

c. With 8-12 Chairs for Waiting: 225 through 250 SF

Part-time or Field Personnel

Whenever personnel use the assigned space less than 50% of the work week, the area

allowances shall be adjusted to maximize efficient space utilization. Generally, 60 square

feet or less should be adequate. If operational requirements permit, desks and space

should be shared by multiple staff.

C) Common Space Standards

1. New conference rooms shall have appropriate sizes (20 SF per person with

required circulation and clearances) and may be smaller in size than the

dimensions listed in a, b and c. All requests shall be evaluated by DCMS to

determine the size of the conference room that can be constructed:

a. Small Conference Room for 6 to 10 Staff: 100 through 144 SF

b. Medium Conference Room for 14 to 16 Staff: 400 through 425 SF


20



c. Large Conference/Training Room for 20+ Staff: 625 through 750 SF

2. Breakrooms and Kitchenettes:

a. Small Breakroom: 120 through 150 SF

b. Medium Breakroom for 8 to 10 Staff: 225 through 250 SF

c. Large Breakroom for 20+ Staff: 400 through 425 SF

3. New storage area requests will be evaluated by DCMS to determine if physical

walls are required. DCMS will determine the appropriate size of the storage

room, which may be smaller than the following dimensions:

a. Small Storage Area: 100 through 150 SF

b. Medium Storage Area: 225 through 250 SF

c. Large Storage Area: 400 through 425 SF

D) Federal Space Standards

Agencies requesting to use standards other than those established in this Appendix shall

supply a copy of those standards to DCMS. In instances in which federal regulations

require the use of federal space standards, the agency shall estimate its space

requirements in accordance with the federal standards.These space allocation standards

are in accordance with Part II, Section 3.20 of the Rules established by the Department of

Central Management Services.It is recognized, however, that agency functions and needs

and physical variations in buildings will cause variations in the amount of space assigned

and its division into private, semi-private and open areas. Therefore, the space occupied

by the agency would rarely exactly equal the net space requirement.

A) Office Space Standards

Position Category Code Job Classification Examples

Area

Allowances

Space*

Type

Executive E Commissioner 250-300 P

Director of Dept. 275-300 P

Deputy Director 200-250 P


20



(Exec. Area Allowance) 200-300

Administrator A Re. Adm./Mgr. 175-250 PC,P

Division Chief 180-250 PC,P

Asst. Div. Chief 150-185 PC,P

(Admn. Area Allowance) 150-250

Middle Mgmt./

Supervisory

S Supv. of Small Unit (12 or

less)

100-125 PC,P

Supv. of Large Unit (13 or

more)

125-150 PC,P

Clerical Supv. 75-175 O,PC,P

Manager (up to 20

subordinates)

125-150 PC,P

Manager (over 20

subordinates)

150-175 PC,P

(Middle Mgmt./Supv. Area

Allow.)

75-175 O,PC,P

Position Category Code Job Classification Examples

Area

Allowances

Space*

Type

**Professional P Attorney 90-130

to 150

O,S,SC

PC,P

Architect 90-125

to 150

O,S,SC

PC,P

Exec. Acct. 95-125

to 165

O,S,SC

PC,P

Env. Scientist 90-110

to 150

O,S,SC

PC,P

Data Proc. Analyst 90-110

to 150

O,S,SC

PC,P

Human Serv. Consultant 90-100

to 125

O,S,SC

PC,P

Bhvrl. Scientist 90-100

to 125

O,S,SC

PC,P

(Prof. Area Allow.) 99-130

to 165

O,S,SC

PC,P


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**Technical/Prof T Draftsman 60-85 O,S,SC

Nurse 50-75 O

Auditor 45-60 O,S,SC

Bank Examiner 40-55 O

Data I/O Operator 45-55 O,S,SC

Programmer 65-85 O,S,SC

Accountant 45-65 O,S,SC

Para-Legal 65-90 S,SC

(Technical Prof. Area

Allowance)

40-90

to 100

O,S,SC

PC,P

**Clerical C Clerk 140-70 O

Sec./Recept. 50-100 O

Receptionist 50-75 O

Word Processing Specialist 60-70 O

(Clerical Area Allowance) 40-100 O

***Field Personnel

(Positions where

personnel are out of

the office more that

50% of the time)

F Pub. Hlth. Inspec. 45-50 O,S

Caseworker 45-60 O,S

Parole Counselor 45-60 O,S

(Field Personnel Allowance) 40-60 O,S

*P – Private Office Space PC – Private Cubicle O – Open Space

S – Semi-Private Office Space SC – Shared Cubicle

** Any request for Professional, Technical or Clerical private office space must include

justification. Security, Confidentiality, Private consultation or other good cause may

constitute justification.

*** Part-time or field personnel: Whenever personnel use the assigned space less than 50%

of the work week, the area allowances shall be adjusted to maximize efficient space

utilization. Generally, sixty (60) square feet or less should be adequate, and, if

operational requirements permit, desks and space should be shared by two (2) or more

staff.

B) Common Functional Standards

1. Conference Rooms – space allocation will be determined on the basis of:


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• average number of persons attending'

• frequency of meetings (average number per month);

• average length of sessions;

• availability of private office space and;

• special requirements, e.g. dais, blackboard, projector and screen, etc.

Conference rooms should be established only when they will be in use at least 15

hours per week. Approximately 20 half-day sessions per month are considered

capacity for one room. Allow approximately 20 square feet per person.

Average number

in Attendance

Area Allowance

NSF

Required

4 10' X 10' 100

6 10' X 15' 150

10 11'4" X 20'/12'6" X 20' 225-250

12 12' X 20'/15' X 20' 240-300

14 15' X 20'/15' X 25' 300-375

20 20' X 20'/20' X 25' 400-500

24 20' X 25'/20' X 30' 500-600

30 20' X 30'/20' X 35' 600-700

2. Reception/Client Areas – In establishing reception/client areas, agencies shall

consider:

• average number of callers each day;

• type of callers;

• maximum seating requirements; and,

• special requirements, e.g. writing tables, bulletin board, coat rack, etc.


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Space requirement is based on average visitor load at 10-15 square feet per person

per hour plus circulation space. (This allowance does not include space

requirement for receptionist.

3. Libraries – Space requirements is based on measurement of equipment plus

circulation. Despite the fact that there is considerable variation in size of books,

the following formulas may be used to estimate the amount of space required for

books:

Open reading rooms: 7 volumes per lineal foot; 50 books per

foot of standard height wall shelving; or,

100 books per foot of double faced

shelving.

Book stack areas: 15 books per square foot (includes

aisles), or 2 books per cubic foot.

Approximately 50 long play phonograph

records may be shelved on one lineal

foot of wall shelving.

4. Exhibit Areas, Duplicating Rooms, Mail Rooms, Supply Rooms – Space

allocation based on measurement of equipment plus circulation.

5. Furniture and Equipment – These standards are to be used only if the designated

furniture is not included in a private office or part of an employee's work station.

Area requirements for other furniture and equipment can be determined by

measuring the items. If access or circulation space is required, this should also be

included.

Typical Item Square Feet

DESKS (additional)

Desk, single pedestal, 45" X 30" 10

Desk, typing, 60" X 30" with 32" typing platform 26

Desk, typing, 60' X 30" with 62" typing platform 38

Desk, double pedestal, 55" X 30" 12





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CHAIRS (additional)

Chair, swivel/posture 10

Chair, side 8

Stool, swivel 10

Chair, club 9

Settee, 2 seater 17

Settee, 3 seater 23

Chair, stacking 5

TABLES

Table, multipurpose, 60" X 30" 12

Table, multipurpose, 72" X 36" 18

Table, conference, 72" X 48" 24

Table, conference, 96" X 48" 32

Table, end, 26" X 16" 3

Table, reception, 45" X 19" 6

Table, machine, 19" X 13" 3

Table, drafting, 72" X 40" 20

Table, round center, 42" diameter 10

FILES

File, vertical, 18" X 29" 9

File, lateral, 36" X 18" 13

File, lateral, 42" X 18" 15

File, flat plans, 54" X 43" 35

MISCELLANEOUS

Storage shelving – floor length time 5 feet length X 5'

Work Station Unit (prefabricated), 72" X 23" 12

Copier, 56" X 27" 18

Credenza, 70" X 20" 19

Telephone cabinet, 30" X 15" 7

Storage cabinet, 36" X 18" 9

Bookcase, 38" X 15"

Reception Counter (includes counter and receptionist work

space) – length length X 5'


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length of counter times 5 feet

Aisle Width

Files: If files are to open toward an aisle, allow 44 to 66 inches with

the file drawer open for heavily traveled aisles, and 28 to 48

inches for secondary aisles.

Shelving Main and subsidiary aisles around shelving plus 44 to 66 inches

for main aisles and 28 to 36 inches for subsidiary aisles.

6. Federal Space Standards – Agencies requesting to use standards other than those

published in this Appendix shall supply a copy of those standards with the

Department of Central Management Services. Where federal regulations direct

the use of space standards, the agency shall estimate its space requirements in

accordance with the federal standards.

(Source: Amended at 44 Ill. Reg. 14851, effective September 1, 2020)


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1) Heading of the Part: General Rules


3) Section Numbers: Adopted Actions:

101.202 Amendment

101.302 Amendment

101.308 Amendment

101.610 Amendment

101.626 Amendment

4) Statutory Authority: Implementing Section 9.1 and authorized by Sections 27 and 28 of

the Illinois Environmental Protection Act [415 ILCS 5/9.1, 27 and 28].

5) Effective Date of Rules: September 4, 2020



8) Statement of Availability: The adopted rules are available on the Board's website

(https://pcb.illinois.gov/) and are also on file and available for public inspection in the

Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite 11-

500.

9) Notice of Proposal published in the Illinois Register: 44 Ill. Reg. 4316; March 20, 2020

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The Board made a limited number of

non-substantive corrections and clarifications to its first-notice proposal.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the

agreements letter issued by JCAR? None were made.

13) Will this rulemaking replace an emergency rule currently in effect? No



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15) Summary and Purpose of Rulemaking: The Illinois Environmental Protection Agency

(IEPA) proposed that the Board adopt a new Part 204 of its air pollution rules to create a

Prevention of Significant Deterioration (PSD) permitting program. IEPA intends that its

proposal will allow it to assume responsibility for PSD permitting from the United States

Environmental Protection Agency and also allow the Board to assume responsibility for

appeals of PSD permits issued by IEPA. IEPA states that its proposal meets

requirements to establish such a program under Section 9.1(c) of the Illinois

Environmental Protection Act (Act) [(415 ILCS 5/9.1(c) (2018)]; see PA 99-463, eff. Jan.

1, 2016.

IEPA proposed to amend existing Part 101 of the Board's procedural rules to conform

with the new Part 204 and accommodate PSD permit appeals.

The Board's first-notice, second-notice, and adoption opinions and orders in this

rulemaking may be viewed on and downloaded from the Board's website

(https://pcb.illinois.gov/).

16) Information and questions regarding these adopted rules shall be directed to:

Tim Fox

Illinois Pollution Control Board

100 W. Randolph St., Suite 11-500

Chicago IL 60601

312/814-6931

[email protected]

Copies of the Board's opinions and orders are available through the Clerk's Office On-

Line (COOL) on the Board's website (https://pcb.illinois.gov/). You may also request

copies of the Board's opinions and orders from the Clerk at the address listed above or by

calling 312/814-3620. Please refer to docket number R19-01 in your request.

The full text of the Adopted Amendments begins on the next page:


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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE A: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

PART 101

GENERAL RULES

SUBPART A: GENERAL PROVISIONS

Section


101.102 Severability

101.104 Repeals

101.106 Board Authority

101.108 Board Proceedings

101.110 Public Participation

101.111 Informal Recordings of Board Meetings

101.112 Bias and Conflict of Interest

101.114 Ex Parte Communications

SUBPART B: DEFINITIONS

Section

101.200 Definitions in the Act

101.202 Definitions for Board's Procedural Rules

SUBPART C: COMPUTATION OF TIME, FILING, SERVICE

OF DOCUMENTS, AND STATUTORY DECISION DEADLINES

Section

101.300 Computation of Time

101.302 Filing of Documents

101.304 Service of Documents

101.306 Incorporation of Documents from Another Proceeding

101.308