100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1459

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/12.5

    Amends the Environmental Protection Act. Makes a technical change in a Section concerning NPDES discharge fees.


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A BILL FOR

 

HB1459LRB100 03179 MJP 13184 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 12.5 as follows:
 
6    (415 ILCS 5/12.5)
7    Sec. 12.5. NPDES discharge fees; sludge permit fees.
8    (a) Beginning July 1, 2003, the the Agency shall assess and
9collect annual fees (i) in the amounts set forth in subsection
10(e) for all discharges that require an NPDES permit under
11subsection (f) of Section 12, from each person holding an NPDES
12permit authorizing those discharges (including a person who
13continues to discharge under an expired permit pending
14renewal), and (ii) in the amounts set forth in subsection (f)
15of this Section for all activities that require a permit under
16subsection (b) of Section 12, from each person holding a
17domestic sewage sludge generator or user permit.
18    Each person subject to this Section must remit the
19applicable annual fee to the Agency in accordance with the
20requirements set forth in this Section and any rules adopted
21pursuant to this Section.
22    (b) Within 30 days after the effective date of this
23Section, and each year thereafter, except when a fee is not due

 

 

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1because of the operation of subsection (c), the Agency shall
2send a fee notice by mail to each existing permittee subject to
3a fee under this Section at his or her address of record. The
4notice shall state the amount of the applicable annual fee and
5the date by which payment is required.
6    Except as provided in subsection (c) with respect to
7initial fees under new permits and certain modifications of
8existing permits, fees payable under this Section are due by
9the date specified in the fee notice, which shall be no less
10than 30 days after the date the fee notice is mailed by the
11Agency.
12    (c) The initial annual fee for discharges under a new NPDES
13permit or for activity under a new sludge generator or sludge
14user permit must be remitted to the Agency prior to the
15issuance of the permit. The Agency shall provide notice of the
16amount of the fee to the applicant during its review of the
17application. In the case of a new NPDES or sludge permit issued
18during the months of January through June, the Agency may
19prorate the initial annual fee payable under this Section.
20    The initial annual fee for discharges or other activity
21under a general NPDES permit must be remitted to the Agency as
22part of the application for coverage under that general permit.
23    Beginning January 1, 2010, in the case of construction site
24storm water discharges for which a coverage letter under a
25general NPDES permit or individual NPDES permit has been issued
26or for which the application for coverage under an NPDES permit

 

 

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1has been filed with the Agency, no annual fee shall be due
2after payment of an initial annual fee in the amount provided
3in subsection (e)(10) of this Section.
4    If a requested modification to an existing NPDES permit
5causes a change in the applicable fee categories under
6subsection (e) that results in an increase in the required fee,
7the permittee must pay to the Agency the amount of the
8increase, prorated for the number of months remaining before
9the next July 1, before the modification is granted.
10    (d) Failure to submit the fee required under this Section
11by the due date constitutes a violation of this Section. Late
12payments shall incur an interest penalty, calculated at the
13rate in effect from time to time for tax delinquencies under
14subsection (a) of Section 1003 of the Illinois Income Tax Act,
15from the date the fee is due until the date the fee payment is
16received by the Agency.
17    (e) The annual fees applicable to discharges under NPDES
18permits are as follows:
19        (1) For NPDES permits for publicly owned treatment
20    works, other facilities for which the wastewater being
21    treated and discharged is primarily domestic sewage, and
22    wastewater discharges from the operation of public water
23    supply treatment facilities, the fee is:
24            (i) $1,500 for the 12 months beginning July 1, 2003
25        and $500 for each subsequent year, for facilities with
26        a Design Average Flow rate of less than 100,000 gallons

 

 

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1        per day;
2            (ii) $5,000 for the 12 months beginning July 1,
3        2003 and $2,500 for each subsequent year, for
4        facilities with a Design Average Flow rate of at least
5        100,000 gallons per day but less than 500,000 gallons
6        per day;
7            (iii) $7,500 for facilities with a Design Average
8        Flow rate of at least 500,000 gallons per day but less
9        than 1,000,000 gallons per day;
10            (iv) $15,000 for facilities with a Design Average
11        Flow rate of at least 1,000,000 gallons per day but
12        less than 5,000,000 gallons per day;
13            (v) $30,000 for facilities with a Design Average
14        Flow rate of at least 5,000,000 gallons per day but
15        less than 10,000,000 gallons per day; and
16            (vi) $50,000 for facilities with a Design Average
17        Flow rate of 10,000,000 gallons per day or more.
18        (2) For NPDES permits for treatment works or sewer
19    collection systems that include combined sewer overflow
20    outfalls, the fee is:
21            (i) $1,000 for systems serving a tributary
22        population of 10,000 or less;
23            (ii) $5,000 for systems serving a tributary
24        population that is greater than 10,000 but not more
25        than 25,000; and
26            (iii) $20,000 for systems serving a tributary

 

 

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1        population that is greater than 25,000.
2        The fee amounts in this subdivision (e)(2) are in
3    addition to the fees stated in subdivision (e)(1) when the
4    combined sewer overflow outfall is contained within a
5    permit subject to subsection (e)(1) fees.
6        (3) For NPDES permits for mines producing coal, the fee
7    is $5,000.
8        (4) For NPDES permits for mines other than mines
9    producing coal, the fee is $5,000.
10        (5) For NPDES permits for industrial activity where
11    toxic substances are not regulated, other than permits
12    covered under subdivision (e)(3) or (e)(4), the fee is:
13            (i) $1,000 for a facility with a Design Average
14        Flow rate that is not more than 10,000 gallons per day;
15            (ii) $2,500 for a facility with a Design Average
16        Flow rate that is more than 10,000 gallons per day but
17        not more than 100,000 gallons per day; and
18            (iii) $10,000 for a facility with a Design Average
19        Flow rate that is more than 100,000 gallons per day.
20        (6) For NPDES permits for industrial activity where
21    toxic substances are regulated, other than permits covered
22    under subdivision (e)(3) or (e)(4), the fee is:
23            (i) $15,000 for a facility with a Design Average
24        Flow rate that is not more than 250,000 gallons per
25        day; and
26            (ii) $20,000 for a facility with a Design Average

 

 

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1        Flow rate that is more than 250,000 gallons per day.
2        (7) For NPDES permits for industrial activity
3    classified by USEPA as a major discharge, other than
4    permits covered under subdivision (e)(3) or (e)(4), the fee
5    is:
6            (i) $30,000 for a facility where toxic substances
7        are not regulated; and
8            (ii) $50,000 for a facility where toxic substances
9        are regulated.
10        (8) For NPDES permits for municipal separate storm
11    sewer systems, the fee is $1,000.
12        (9) For NPDES permits for industrial storm water, the
13    fee is $500.
14        (10) For NPDES permits for construction site storm
15    water, the fee
16            (A) for applications received before January 1,
17        2010 is $500;
18            (B) for applications received on or after January
19        1, 2010 is:
20                (i) $250 if less than 5 acres are disturbed;
21            and
22                (ii) $750 if 5 or more acres are disturbed.
23        (11) For an NPDES permit for a Concentrated Animal
24    Feeding Operation (CAFO), the fee is:
25            (A) $750 for a Large CAFO, as defined in 40 C.F.R.
26        122.23(b)(4);

 

 

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1            (B) $350 for a Medium CAFO, as defined in 40 C.F.R.
2        122.23(b)(6); and
3            (C) $150 for a Small CAFO, as defined in 40 C.F.R.
4        122.23(b)(9).
5    (f) The annual fee for activities under a permit that
6authorizes applying sludge on land is $2,500 for a sludge
7generator permit and $5,000 for a sludge user permit.
8    (g) More than one of the annual fees specified in
9subsections (e) and (f) may be applicable to a permit holder.
10These fees are in addition to any other fees required under
11this Act.
12    (h) The fees imposed under this Section do not apply to the
13State or any department or agency of the State, nor to any
14school district, or to any private sewage disposal system as
15defined in the Private Sewage Disposal Licensing Act (225 ILCS
16225/).
17    (i) The Agency may adopt rules to administer the fee
18program established in this Section. The Agency may include
19provisions pertaining to invoices, notice of late payment,
20refunds, and disputes concerning the amount or timeliness of
21payment. The Agency may set forth procedures and criteria for
22the acceptance of payments. The absence of such rules does not
23affect the duty of the Agency to immediately begin the
24assessment and collection of fees under this Section.
25    (j) All fees and interest penalties collected by the Agency
26under this Section shall be deposited into the Illinois Clean

 

 

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1Water Fund, which is hereby created as a special fund in the
2State treasury. Gifts, supplemental environmental project
3funds, and grants may be deposited into the Fund. Investment
4earnings on moneys held in the Fund shall be credited to the
5Fund.
6    Subject to appropriation, the moneys in the Fund shall be
7used by the Agency to carry out the Agency's clean water
8activities.
9    (k) Except as provided in subsection (l) or Agency rules,
10fees paid to the Agency under this Section are not refundable.
11    (l) The Agency may refund the difference between (a) the
12amount paid by any person under subsection (e)(1)(i) or
13(e)(1)(ii) of this Section for the 12 months beginning July 1,
142004 and (b) the amount due under subsection (e)(1)(i) or
15(e)(1)(ii) as established by this amendatory Act of the 93rd
16General Assembly.
17(Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)