Full Text of HB1546 102nd General Assembly
HB1546 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1546 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| | Amends the Environmental Protection Act. Makes a technical change in a Section concerning NPDES discharge fees.
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| | A BILL FOR |
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| 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 | 9 | | and collect annual fees
(i) in the amounts set forth in | 10 | | subsection (e) for all discharges that require
an NPDES permit | 11 | | under subsection (f) of Section 12, from each person holding | 12 | | an
NPDES permit authorizing those discharges (including a | 13 | | person who continues to
discharge under an expired permit | 14 | | pending renewal), and (ii) in the amounts
set forth in | 15 | | subsection (f) of this Section for all activities that require | 16 | | a
permit under subsection (b) of Section 12, from each person | 17 | | holding a 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 when a fee is not due |
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| 1 | | because of the operation of subsection (c), the Agency shall | 2 | | send a fee notice by mail
to each existing permittee subject to | 3 | | a fee under this Section at his or her
address of record. The | 4 | | notice shall state the amount of the applicable annual
fee and | 5 | | the date by which payment is required.
| 6 | | Except as provided in subsection (c) with respect to | 7 | | initial fees under
new permits and certain modifications of | 8 | | existing permits, fees payable under
this Section are due by | 9 | | the date
specified in the fee notice, which shall be no less | 10 | | than 30 days after the date
the fee notice is mailed by the | 11 | | Agency.
| 12 | | (c) The initial annual fee for discharges under a new | 13 | | NPDES
permit or for activity under a new
sludge generator or | 14 | | sludge user
permit must be remitted to the Agency prior to the | 15 | | issuance of the permit.
The Agency shall provide notice of the | 16 | | amount of the fee to the applicant
during its review of the | 17 | | application. In the case of a new
NPDES
or sludge permit issued | 18 | | during the months of January through June, the Agency
may | 19 | | prorate the initial annual fee 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 | 23 | | permit.
| 24 | | Beginning January 1, 2010, in the case of construction | 25 | | site storm water discharges for which a coverage letter under | 26 | | a general NPDES permit or individual NPDES permit has been |
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| 1 | | issued or for which the application for coverage under an | 2 | | NPDES permit has been filed with the Agency, no annual fee | 3 | | shall be due after payment of an initial annual fee in the | 4 | | amount provided in subsection (e)(10) of this Section.
| 5 | | If a requested modification to an existing NPDES permit | 6 | | causes a change in
the applicable fee categories under | 7 | | subsection (e) that results in an increase
in the required | 8 | | fee, the permittee must pay to the Agency the amount of the
| 9 | | increase, prorated for the number of months remaining before | 10 | | the next July 1,
before the modification is granted.
| 11 | | (d) Failure to submit the fee required under this Section | 12 | | by the due
date constitutes a violation of this Section. Late | 13 | | payments shall incur an
interest penalty, calculated at the | 14 | | rate in effect from time to time for tax
delinquencies under | 15 | | subsection (a) of Section 1003 of the Illinois Income Tax
Act, | 16 | | from the date the fee is due until the date the fee payment is | 17 | | received
by the Agency.
| 18 | | (e) The annual fees applicable to discharges under NPDES | 19 | | permits are as
follows:
| 20 | | (1) For NPDES permits for publicly owned treatment | 21 | | works, other
facilities for which the wastewater being | 22 | | treated and discharged is primarily
domestic sewage, and | 23 | | wastewater discharges from the operation of public water
| 24 | | supply treatment facilities, the fee is:
| 25 | | (i) $1,500 for the 12 months beginning July 1, | 26 | | 2003 and $500 for each subsequent year, for facilities |
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| 1 | | with a Design Average Flow rate of less than
100,000 | 2 | | gallons per day;
| 3 | | (ii) $5,000 for the 12 months beginning July 1, | 4 | | 2003 and $2,500 for each subsequent year, for | 5 | | facilities with a Design Average Flow rate of at least
| 6 | | 100,000 gallons per day but less than 500,000 gallons | 7 | | per day;
| 8 | | (iii) $7,500 for facilities with a Design Average | 9 | | Flow rate of at least
500,000 gallons per day but less | 10 | | than 1,000,000 gallons per day;
| 11 | | (iv) $15,000 for facilities with a Design Average | 12 | | Flow rate of at least
1,000,000 gallons per day but | 13 | | less than 5,000,000 gallons per day;
| 14 | | (v) $30,000 for facilities with a Design Average | 15 | | Flow rate of at least
5,000,000 gallons per day but | 16 | | less than 10,000,000 gallons per day; and
| 17 | | (vi) $50,000 for facilities with a Design Average | 18 | | Flow rate of
10,000,000 gallons per day or more.
| 19 | | (2) For NPDES permits for treatment works or sewer | 20 | | collection systems
that include combined sewer overflow | 21 | | outfalls, the fee is:
| 22 | | (i) $1,000 for systems serving a tributary | 23 | | population of 10,000 or less;
| 24 | | (ii) $5,000 for systems serving a tributary | 25 | | population that is greater
than 10,000 but not more | 26 | | 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.
| 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.
| 7 | | (3) For NPDES permits for mines producing coal, the | 8 | | fee is $5,000.
| 9 | | (4) For NPDES permits for mines other than mines | 10 | | producing coal, the fee
is $5,000.
| 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:
| 14 | | (i) $1,000 for a facility with a Design Average | 15 | | Flow rate that is not
more than 10,000 gallons per day;
| 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
| 19 | | (iii) $10,000 for a facility with a Design Average | 20 | | Flow rate that is
more than 100,000 gallons per day.
| 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:
| 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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| 1 | | (ii) $20,000 for a facility with a Design Average | 2 | | Flow rate that is
more than 250,000 gallons per day.
| 3 | | (7) For NPDES permits for industrial activity | 4 | | classified by USEPA as a
major discharge, other than | 5 | | permits covered under subdivision (e)(3) or (e)(4),
the | 6 | | fee is:
| 7 | | (i) $30,000 for a facility where toxic substances | 8 | | are not regulated; and
| 9 | | (ii) $50,000 for a facility where toxic substances | 10 | | are regulated.
| 11 | | (8) For NPDES permits for municipal separate storm | 12 | | sewer systems, the fee
is $1,000.
| 13 | | (9) For NPDES permits for industrial storm water,
the | 14 | | fee is $500.
| 15 | | (10) For NPDES permits for construction site storm | 16 | | water, the fee | 17 | | (A) for applications received before January 1, | 18 | | 2010 is $500; | 19 | | (B) for applications received on or after January | 20 | | 1, 2010 is: | 21 | | (i) $250 if less than 5 acres are disturbed; | 22 | | and | 23 | | (ii) $750 if 5 or more acres are disturbed. | 24 | | (11) For an NPDES permit for a Concentrated Animal | 25 | | Feeding Operation (CAFO), the fee is: | 26 | | (A) $750 for a Large CAFO, as defined in 40 C.F.R. |
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| 1 | | 122.23(b)(4); | 2 | | (B) $350 for a Medium CAFO, as defined in 40 C.F.R. | 3 | | 122.23(b)(6); and | 4 | | (C) $150 for a Small CAFO, as defined in 40 C.F.R. | 5 | | 122.23(b)(9). | 6 | | (f) The annual fee for activities under a permit that | 7 | | authorizes applying
sludge on land is $2,500 for a sludge | 8 | | generator permit and $5,000 for a sludge
user permit.
| 9 | | (g) More than one of the annual fees specified in | 10 | | subsections (e) and (f)
may be applicable to a permit holder. | 11 | | These fees are in addition to any other
fees required under | 12 | | this Act.
| 13 | | (h) The fees imposed under this Section do not apply to the | 14 | | State or any
department or agency of the State, nor to any | 15 | | school district, or to any private sewage disposal system as | 16 | | defined in the Private Sewage Disposal Licensing Act (225 ILCS | 17 | | 225/).
| 18 | | (i) The Agency may adopt rules to administer the fee | 19 | | program established
in this Section. The Agency may include | 20 | | provisions pertaining to invoices,
notice of late payment, | 21 | | refunds, and disputes concerning the amount or timeliness of
| 22 | | payment. The Agency may set forth procedures and criteria for | 23 | | the acceptance
of payments. The absence of such rules does not | 24 | | affect the duty of the Agency
to immediately begin the | 25 | | assessment and collection of fees under this Section.
| 26 | | (j) All fees and interest penalties collected by the |
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| 1 | | Agency under this
Section shall be deposited into the Illinois | 2 | | Clean Water Fund, which is
hereby created as a special fund in | 3 | | the State treasury. Gifts,
supplemental environmental project | 4 | | funds, and grants may be deposited into
the Fund. Investment | 5 | | earnings on moneys held in the Fund shall be credited
to the | 6 | | Fund.
| 7 | | Subject to appropriation, the moneys in the Fund shall be | 8 | | used by the
Agency to carry out the Agency's clean water | 9 | | activities.
| 10 | | (k) Except as provided in subsection (l) or Agency rules, | 11 | | fees paid to the Agency under this Section are not refundable.
| 12 | | (l) The Agency may refund the difference between (a) the | 13 | | amount paid by any person under subsection (e)(1)(i) or | 14 | | (e)(1)(ii) of this Section for the 12 months beginning July 1, | 15 | | 2004 and (b) the amount due under subsection (e)(1)(i) or | 16 | | (e)(1)(ii) as established by this amendatory Act of the 93rd | 17 | | General Assembly.
| 18 | | (Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
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