Sen. John M. Sullivan
Filed: 7/24/2004
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1 | AMENDMENT TO HOUSE BILL 3828
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2 | AMENDMENT NO. ______. Amend House Bill 3828 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 12.5 as follows:
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6 | (415 ILCS 5/12.5)
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7 | Sec. 12.5. NPDES discharge fees; sludge permit fees.
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8 | (a) Beginning July 1, 2003, the Agency shall assess and | ||||||
9 | collect annual fees
(i) in the amounts set forth in subsection | ||||||
10 | (e) for all discharges that require
an NPDES permit under | ||||||
11 | subsection (f) of Section 12, from each person holding an
NPDES | ||||||
12 | permit authorizing those discharges (including a person who | ||||||
13 | continues to
discharge under an expired permit pending | ||||||
14 | renewal), and (ii) in the amounts
set forth in subsection (f) | ||||||
15 | of this Section for all activities that require a
permit under | ||||||
16 | subsection (b) of Section 12, from each person holding a | ||||||
17 | domestic
sewage sludge generator or user permit.
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18 | Each person subject to this Section must remit the | ||||||
19 | applicable annual fee to
the Agency in accordance with the | ||||||
20 | requirements set forth in this Section and
any rules adopted | ||||||
21 | pursuant to this Section.
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22 | (b) Within 30 days after the effective date of this | ||||||
23 | Section, and by
May 31 of each year thereafter, the Agency | ||||||
24 | shall send a fee notice by mail
to each existing permittee |
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1 | subject to a fee under this Section at his or her
address of | ||||||
2 | record. The notice shall state the amount of the applicable | ||||||
3 | annual
fee and the date by which payment is required.
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4 | Except as provided in subsection (c) with respect to | ||||||
5 | initial fees under
new permits and certain modifications of | ||||||
6 | existing permits, fees payable under
this Section for the 12 | ||||||
7 | months beginning July 1, 2003 are due by the date
specified in | ||||||
8 | the fee notice, which shall be no less than 30 days after the | ||||||
9 | date
the fee notice is mailed by the Agency, and fees payable | ||||||
10 | under this Section for
subsequent years shall be due on July 1 | ||||||
11 | or as otherwise required in any rules
that may be adopted | ||||||
12 | pursuant to this Section.
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13 | (c) The initial annual fee for discharges under a new | ||||||
14 | individual NPDES
permit or for activity under a new individual | ||||||
15 | sludge generator or sludge user
permit must be remitted to the | ||||||
16 | Agency prior to the issuance of the permit.
The Agency shall | ||||||
17 | provide notice of the amount of the fee to the applicant
during | ||||||
18 | its review of the application. In the case of a new individual | ||||||
19 | NPDES
or sludge permit issued during the months of January | ||||||
20 | through June, the Agency
may prorate the initial annual fee | ||||||
21 | payable under this Section.
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22 | The initial annual fee for discharges or other activity | ||||||
23 | under a general
NPDES permit must be remitted to the Agency as | ||||||
24 | part of the application
for coverage under that general permit.
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25 | If a requested modification to an existing NPDES permit | ||||||
26 | causes a change in
the applicable fee categories under | ||||||
27 | subsection (e) that results in an increase
in the required fee, | ||||||
28 | the permittee must pay to the Agency the amount of the
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29 | increase, prorated for the number of months remaining before | ||||||
30 | the next July 1,
before the modification is granted.
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31 | (d) Failure to submit the fee required under this Section | ||||||
32 | by the due
date constitutes a violation of this Section. Late | ||||||
33 | payments shall incur an
interest penalty, calculated at the | ||||||
34 | rate in effect from time to time for tax
delinquencies under |
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1 | subsection (a) of Section 1003 of the Illinois Income Tax
Act, | ||||||
2 | from the date the fee is due until the date the fee payment is | ||||||
3 | received
by the Agency.
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4 | (e) The annual fees applicable to discharges under NPDES | ||||||
5 | permits are as
follows:
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6 | (1) For NPDES permits for publicly owned treatment | ||||||
7 | works, other
facilities for which the wastewater being | ||||||
8 | treated and discharged is primarily
domestic sewage, and | ||||||
9 | wastewater discharges from the operation of public water
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10 | supply treatment facilities, the fee is:
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11 | (i) $1,500 for facilities with a Design Average | ||||||
12 | Flow rate of less than
100,000 gallons per day;
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13 | (ii) $5,000 for facilities with a Design Average | ||||||
14 | Flow rate of at least
100,000 gallons per day but less | ||||||
15 | than 500,000 gallons per day;
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16 | (iii) $7,500 for facilities with a Design Average | ||||||
17 | Flow rate of at least
500,000 gallons per day but less | ||||||
18 | than 1,000,000 gallons per day;
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19 | (iv) $15,000 for facilities with a Design Average | ||||||
20 | Flow rate of at least
1,000,000 gallons per day but | ||||||
21 | less than 5,000,000 gallons per day;
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22 | (v) $30,000 for facilities with a Design Average | ||||||
23 | Flow rate of at least
5,000,000 gallons per day but | ||||||
24 | less than 10,000,000 gallons per day; and
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25 | (vi) $50,000 for facilities with a Design Average | ||||||
26 | Flow rate of
10,000,000 gallons per day or more.
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27 | (2) For NPDES permits for treatment works or sewer | ||||||
28 | collection systems
that include combined sewer overflow | ||||||
29 | outfalls, the fee is:
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30 | (i) $1,000 for systems serving a tributary | ||||||
31 | population of 10,000 or less;
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32 | (ii) $5,000 for systems serving a tributary | ||||||
33 | population that is greater
than 10,000 but not more | ||||||
34 | than 25,000; and
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1 | (iii) $20,000 for systems serving a tributary | ||||||
2 | population that is greater
than 25,000.
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3 | The fee amounts in this subdivision (e)(2) are in | ||||||
4 | addition to the fees
stated in subdivision (e)(1) when the | ||||||
5 | combined sewer overflow outfall is
contained within a | ||||||
6 | permit subject to subsection (e)(1) fees.
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7 | (3) For NPDES permits for mines producing coal, the fee | ||||||
8 | is $5,000.
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9 | (4) For NPDES permits for mines other than mines | ||||||
10 | producing coal, the fee
is $5,000.
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11 | (5) For NPDES permits for industrial activity where | ||||||
12 | toxic substances are
not regulated, other than permits | ||||||
13 | covered under subdivision (e)(3) or (e)(4),
the fee is:
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14 | (i) $1,000 for a facility with a Design Average | ||||||
15 | Flow rate that is not
more than 10,000 gallons per day;
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16 | (ii) $2,500 for a facility with a Design Average | ||||||
17 | Flow rate that is more
than 10,000 gallons per day but | ||||||
18 | not more than 100,000 gallons per day; and
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19 | (iii) $10,000 for a facility with a Design Average | ||||||
20 | Flow rate that is
more than 100,000 gallons per day.
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21 | (6) For NPDES permits for industrial activity where | ||||||
22 | toxic substances are
regulated, other than permits covered | ||||||
23 | under subdivision (e)(3) or (e)(4), the
fee is:
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24 | (i) $15,000 for a facility with a Design Average | ||||||
25 | Flow rate that is not
more than 250,000 gallons per | ||||||
26 | day; and
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27 | (ii) $20,000 for a facility with a Design Average | ||||||
28 | Flow rate that is
more than 250,000 gallons per day.
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29 | (7) For NPDES permits for industrial activity | ||||||
30 | classified by USEPA as a
major discharge, other than | ||||||
31 | permits covered under subdivision (e)(3) or (e)(4),
the fee | ||||||
32 | is:
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33 | (i) $30,000 for a facility where toxic substances | ||||||
34 | are not regulated; and
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1 | (ii) $50,000 for a facility where toxic substances | ||||||
2 | are regulated.
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3 | (8) For NPDES permits for municipal separate storm | ||||||
4 | sewer systems, the fee
is $1,000.
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5 | (9) For NPDES permits for construction site or | ||||||
6 | industrial storm water,
the fee is $500.
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7 | (f) The annual fee for activities under a permit that | ||||||
8 | authorizes applying
sludge on land is $2,500 for a sludge | ||||||
9 | generator permit and $5,000 for a sludge
user permit.
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10 | (g) More than one of the annual fees specified in | ||||||
11 | subsections (e) and (f)
may be applicable to a permit holder. | ||||||
12 | These fees are in addition to any other
fees required under | ||||||
13 | this Act.
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14 | (h) The fees imposed under this Section do not apply to the | ||||||
15 | State or any
department or agency of the State, nor to any | ||||||
16 | school district.
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17 | (i) The Agency may adopt rules to administer the fee | ||||||
18 | program established
in this Section. The Agency may include | ||||||
19 | provisions pertaining to invoices,
notice of late payment, and | ||||||
20 | disputes concerning the amount or timeliness of
payment. The | ||||||
21 | Agency may set forth procedures and criteria for the acceptance
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22 | of payments. The absence of such rules does not affect the duty | ||||||
23 | of the Agency
to immediately begin the assessment and | ||||||
24 | collection of fees under this Section.
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25 | (j) All fees and interest penalties collected by the Agency | ||||||
26 | under this
Section shall be deposited into the Illinois Clean | ||||||
27 | Water Fund, which is
hereby created as a special fund in the | ||||||
28 | State treasury. Gifts,
supplemental environmental project | ||||||
29 | funds, and grants may be deposited into
the Fund. Investment | ||||||
30 | earnings on moneys held in the Fund shall be credited
to the | ||||||
31 | Fund.
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32 | Subject to appropriation, the moneys in the Fund shall be | ||||||
33 | used by the
Agency to carry out the Agency's clean water | ||||||
34 | activities.
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1 | (k) Notwithstanding any other provision in this Act, the | ||||||
2 | fees enumerated in this Section shall automatically be reduced | ||||||
3 | by 25% beginning January 1, 2005 and shall automatically be | ||||||
4 | reduced by another 25% beginning January 1, 2006.
Fees paid to | ||||||
5 | the Agency under this Section are not refundable.
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6 | (Source: P.A. 93-32, eff. 7-1-03.)
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7 | Section 99. Effective date. This Act takes effect January | ||||||
8 | 1, 2005.".
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