95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2017

 

Introduced 2/7/2008, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/12.5

    Amends the Environmental Protection Act. Imposes an initial NPDES discharge fee of $750 for construction site storm water. Makes changes concerning the requirements for the payment of additional annual fees. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning environmental 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 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, except as provided in

 

 

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1 subsection (c) of this Section for construction site storm
2 water NPDES permits, the Agency shall send a fee notice by mail
3 to each existing permittee subject to a fee under this Section
4 at his or her address of record. The notice shall state the
5 amount of the applicable annual fee and the date by which
6 payment is required.
7     Except as provided in subsection (c) with respect to
8 initial fees under new permits and certain modifications of
9 existing permits, fees payable under this Section are due by
10 the date specified in the fee notice, which shall be no less
11 than 30 days after the date the fee notice is mailed by the
12 Agency.
13     (c) The initial annual fee for discharges under a new NPDES
14 permit or for activity under a new sludge generator or sludge
15 user permit must be remitted to the Agency prior to the
16 issuance of the permit. The Agency shall provide notice of the
17 amount of the fee to the applicant during its review of the
18 application. In the case of a new NPDES or sludge permit issued
19 during the months of January through June, the Agency may
20 prorate the initial annual fee payable under this Section.
21     The initial annual fee for discharges or other activity
22 under a general NPDES permit must be remitted to the Agency as
23 part of the application for coverage under that general permit.
24     In the case of construction site storm water stormwater
25 discharges for which a new NPDES permit is issued after January
26 1, 2009 during the months of January through June, no annual

 

 

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1 fee shall be due after payment of an initial annual fee in the
2 amount provided in subsection (e)(10) of this Section. For
3 NPDES permits for construction site storm water issued prior to
4 January 1, 2009, there shall be no additional annual fees due
5 after January 1, 2009 if the annual fees paid for the permit
6 equal or exceed the initial annual fee amount provided in
7 subsection (e)(10) of this Section. for the 12 months beginning
8 July 1 that immediately follow the period for which the initial
9 annual fee was due.
10     If a requested modification to an existing NPDES permit
11 causes a change in the applicable fee categories under
12 subsection (e) that results in an increase in the required fee,
13 the permittee must pay to the Agency the amount of the
14 increase, prorated for the number of months remaining before
15 the next July 1, before the modification is granted.
16     (d) Failure to submit the fee required under this Section
17 by the due date constitutes a violation of this Section. Late
18 payments shall incur an interest penalty, calculated at the
19 rate in effect from time to time for tax delinquencies under
20 subsection (a) of Section 1003 of the Illinois Income Tax Act,
21 from the date the fee is due until the date the fee payment is
22 received by the Agency.
23     (e) The annual fees applicable to discharges under NPDES
24 permits are as follows:
25         (1) For NPDES permits for publicly owned treatment
26     works, other facilities for which the wastewater being

 

 

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1     treated and discharged is primarily domestic sewage, and
2     wastewater discharges from the operation of public water
3     supply treatment facilities, the fee is:
4             (i) $1,500 for the 12 months beginning July 1, 2003
5         and $500 for each subsequent year, for facilities with
6         a Design Average Flow rate of less than 100,000 gallons
7         per day;
8             (ii) $5,000 for the 12 months beginning July 1,
9         2003 and $2,500 for each subsequent year, for
10         facilities with a Design Average Flow rate of at least
11         100,000 gallons per day but less than 500,000 gallons
12         per day;
13             (iii) $7,500 for facilities with a Design Average
14         Flow rate of at least 500,000 gallons per day but less
15         than 1,000,000 gallons per day;
16             (iv) $15,000 for facilities with a Design Average
17         Flow rate of at least 1,000,000 gallons per day but
18         less than 5,000,000 gallons per day;
19             (v) $30,000 for facilities with a Design Average
20         Flow rate of at least 5,000,000 gallons per day but
21         less than 10,000,000 gallons per day; and
22             (vi) $50,000 for facilities with a Design Average
23         Flow rate of 10,000,000 gallons per day or more.
24         (2) For NPDES permits for treatment works or sewer
25     collection systems that include combined sewer overflow
26     outfalls, the fee is:

 

 

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

 

 

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1     toxic substances are regulated, other than permits covered
2     under subdivision (e)(3) or (e)(4), the fee is:
3             (i) $15,000 for a facility with a Design Average
4         Flow rate that is not more than 250,000 gallons per
5         day; and
6             (ii) $20,000 for a facility with a Design Average
7         Flow rate that is more than 250,000 gallons per day.
8         (7) For NPDES permits for industrial activity
9     classified by USEPA as a major discharge, other than
10     permits covered under subdivision (e)(3) or (e)(4), the fee
11     is:
12             (i) $30,000 for a facility where toxic substances
13         are not regulated; and
14             (ii) $50,000 for a facility where toxic substances
15         are regulated.
16         (8) For NPDES permits for municipal separate storm
17     sewer systems, the fee is $1,000.
18         (9) For NPDES permits for construction site or
19     industrial storm water, the fee is $500.
20         (10) Prior to January 1, 2009, for NPDES permits for
21     construction site storm water, the fee is $500. Beginning
22     January 1, 2009, for NPDES permits for construction site
23     storm water, the initial annual fee is $750.
24     (f) The annual fee for activities under a permit that
25 authorizes applying sludge on land is $2,500 for a sludge
26 generator permit and $5,000 for a sludge user permit.

 

 

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1     (g) More than one of the annual fees specified in
2 subsections (e) and (f) may be applicable to a permit holder.
3 These fees are in addition to any other fees required under
4 this Act.
5     (h) The fees imposed under this Section do not apply to the
6 State or any department or agency of the State, nor to any
7 school district, or to any private sewage disposal system as
8 defined in the Private Sewage Disposal Licensing Act (225 ILCS
9 225/).
10     (i) The Agency may adopt rules to administer the fee
11 program established in this Section. The Agency may include
12 provisions pertaining to invoices, notice of late payment,
13 refunds, and disputes concerning the amount or timeliness of
14 payment. The Agency may set forth procedures and criteria for
15 the acceptance of payments. The absence of such rules does not
16 affect the duty of the Agency to immediately begin the
17 assessment and collection of fees under this Section.
18     (j) All fees and interest penalties collected by the Agency
19 under this Section shall be deposited into the Illinois Clean
20 Water Fund, which is hereby created as a special fund in the
21 State treasury. Gifts, supplemental environmental project
22 funds, and grants may be deposited into the Fund. Investment
23 earnings on moneys held in the Fund shall be credited to the
24 Fund.
25     Subject to appropriation, the moneys in the Fund shall be
26 used by the Agency to carry out the Agency's clean water

 

 

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1 activities.
2     (k) Except as provided in subsection (l) or Agency rules,
3 fees paid to the Agency under this Section are not refundable.
4     (l) The Agency may refund the difference between (a) the
5 amount paid by any person under subsection (e)(1)(i) or
6 (e)(1)(ii) of this Section for the 12 months beginning July 1,
7 2004 and (b) the amount due under subsection (e)(1)(i) or
8 (e)(1)(ii) as established by this amendatory Act of the 93rd
9 General Assembly.
10 (Source: P.A. 95-516, eff. 8-28-07.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.