95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0945

 

Introduced 2/8/2007, by Sen. James F. Clayborne, Jr. - Emil Jones, Jr.

 

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

 

SB0945 LRB095 05760 CMK 25850 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Environmental Protection Act is amended by
5 changing 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
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.
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.
22     (b) Within 30 days after the effective date of this
23 Section, and each year thereafter, the Agency shall send a fee

 

 

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

 

 

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1 increase, prorated for the number of months remaining before
2 the next July 1, before the modification is granted.
3     (d) Failure to submit the fee required under this Section
4 by the due date constitutes a violation of this Section. Late
5 payments shall incur an interest penalty, calculated at the
6 rate in effect from time to time for tax delinquencies under
7 subsection (a) of Section 1003 of the Illinois Income Tax Act,
8 from the date the fee is due until the date the fee payment is
9 received by the Agency.
10     (e) The annual fees applicable to discharges under NPDES
11 permits are as follows:
12         (1) For NPDES permits for publicly owned treatment
13     works, other facilities for which the wastewater being
14     treated and discharged is primarily domestic sewage, and
15     wastewater discharges from the operation of public water
16     supply treatment facilities, the fee is:
17             (i) $1,500 for the 12 months beginning July 1, 2003
18         and $500 for each subsequent year, for facilities with
19         a Design Average Flow rate of less than 100,000 gallons
20         per day;
21             (ii) $5,000 for the 12 months beginning July 1,
22         2003 and $2,500 for each subsequent year, for
23         facilities with a Design Average Flow rate of at least
24         100,000 gallons per day but less than 500,000 gallons
25         per day;
26             (iii) $7,500 for facilities with a Design Average

 

 

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1         Flow rate of at least 500,000 gallons per day but less
2         than 1,000,000 gallons per day;
3             (iv) $15,000 for facilities with a Design Average
4         Flow rate of at least 1,000,000 gallons per day but
5         less than 5,000,000 gallons per day;
6             (v) $30,000 for facilities with a Design Average
7         Flow rate of at least 5,000,000 gallons per day but
8         less than 10,000,000 gallons per day; and
9             (vi) $50,000 for facilities with a Design Average
10         Flow rate of 10,000,000 gallons per day or more.
11         (2) For NPDES permits for treatment works or sewer
12     collection systems that include combined sewer overflow
13     outfalls, the fee is:
14             (i) $1,000 for systems serving a tributary
15         population of 10,000 or less;
16             (ii) $5,000 for systems serving a tributary
17         population that is greater than 10,000 but not more
18         than 25,000; and
19             (iii) $20,000 for systems serving a tributary
20         population that is greater than 25,000.
21         The fee amounts in this subdivision (e)(2) are in
22     addition to the fees stated in subdivision (e)(1) when the
23     combined sewer overflow outfall is contained within a
24     permit subject to subsection (e)(1) fees.
25         (3) For NPDES permits for mines producing coal, the fee
26     is $5,000.

 

 

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1         (4) For NPDES permits for mines other than mines
2     producing coal, the fee is $5,000.
3         (5) For NPDES permits for industrial activity where
4     toxic substances are not regulated, other than permits
5     covered under subdivision (e)(3) or (e)(4), the fee is:
6             (i) $1,000 for a facility with a Design Average
7         Flow rate that is not more than 10,000 gallons per day;
8             (ii) $2,500 for a facility with a Design Average
9         Flow rate that is more than 10,000 gallons per day but
10         not more than 100,000 gallons per day; and
11             (iii) $10,000 for a facility with a Design Average
12         Flow rate that is more than 100,000 gallons per day.
13         (6) For NPDES permits for industrial activity where
14     toxic substances are regulated, other than permits covered
15     under subdivision (e)(3) or (e)(4), the fee is:
16             (i) $15,000 for a facility with a Design Average
17         Flow rate that is not more than 250,000 gallons per
18         day; and
19             (ii) $20,000 for a facility with a Design Average
20         Flow rate that is more than 250,000 gallons per day.
21         (7) For NPDES permits for industrial activity
22     classified by USEPA as a major discharge, other than
23     permits covered under subdivision (e)(3) or (e)(4), the fee
24     is:
25             (i) $30,000 for a facility where toxic substances
26         are not regulated; and

 

 

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1             (ii) $50,000 for a facility where toxic substances
2         are regulated.
3         (8) For NPDES permits for municipal separate storm
4     sewer systems, the fee is $1,000.
5         (9) For NPDES permits for construction site or
6     industrial storm water, the fee is $500.
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.
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.
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, or to any private sewage disposal system as
17 defined in the Private Sewage Disposal Licensing Act (225 ILCS
18 225/).
19     (i) The Agency may adopt rules to administer the fee
20 program established in this Section. The Agency may include
21 provisions pertaining to invoices, notice of late payment, and
22 disputes concerning the amount or timeliness of payment. The
23 Agency may set forth procedures and criteria for the acceptance
24 of payments. The absence of such rules does not affect the duty
25 of the Agency to immediately begin the assessment and
26 collection of fees under this Section.

 

 

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1     (j) All fees and interest penalties collected by the Agency
2 under this Section shall be deposited into the Illinois Clean
3 Water Fund, which is hereby created as a special fund in the
4 State treasury. Gifts, supplemental environmental project
5 funds, and grants may be deposited into the Fund. Investment
6 earnings on moneys held in the Fund shall be credited to the
7 Fund.
8     Subject to appropriation, the moneys in the Fund shall be
9 used by the Agency to carry out the Agency's clean water
10 activities.
11     (k) Except as provided in subsection (l), fees paid to the
12 Agency under this Section are not refundable.
13     (l) The Agency may refund the difference between (a) the
14 amount paid by any person under subsection (e)(1)(i) or
15 (e)(1)(ii) of this Section for the 12 months beginning July 1,
16 2004 and (b) the amount due under subsection (e)(1)(i) or
17 (e)(1)(ii) as established by this amendatory Act of the 93rd
18 General Assembly.
19 (Source: P.A. 93-32, eff. 7-1-03; 93-840, eff. 7-30-04.)