Illinois General Assembly - Full Text of HB0629
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Full Text of HB0629  96th General Assembly

HB0629ham001 96TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 3/17/2009

 

 


 

 


 
09600HB0629ham001 LRB096 03162 JDS 23905 a

1
AMENDMENT TO HOUSE BILL 629

2     AMENDMENT NO. ______. Amend House Bill 629 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

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1 domestic sewage sludge generator or user permit.
2     Each person subject to this Section must remit the
3 applicable annual fee to the Agency in accordance with the
4 requirements set forth in this Section and any rules adopted
5 pursuant to this Section.
6     (b) Within 30 days after the effective date of this
7 Section, and each year thereafter, except when a fee is not due
8 because of the operation of subsection (c), the Agency shall
9 send a fee notice by mail to each existing permittee subject to
10 a fee under this Section at his or her address of record. The
11 notice shall state the amount of the applicable annual fee and
12 the date by which payment is required.
13     Except as provided in subsection (c) with respect to
14 initial fees under new permits and certain modifications of
15 existing permits, fees payable under this Section are due by
16 the date specified in the fee notice, which shall be no less
17 than 30 days after the date the fee notice is mailed by the
18 Agency.
19     (c) The initial annual fee for discharges under a new NPDES
20 permit or for activity under a new sludge generator or sludge
21 user permit must be remitted to the Agency prior to the
22 issuance of the permit. The Agency shall provide notice of the
23 amount of the fee to the applicant during its review of the
24 application. In the case of a new NPDES or sludge permit issued
25 during the months of January through June, the Agency may
26 prorate the initial annual fee payable under this Section.

 

 

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1     The initial annual fee for discharges or other activity
2 under a general NPDES permit must be remitted to the Agency as
3 part of the application for coverage under that general permit.
4     Beginning January 1, 2010, in In the case of construction
5 site storm water stormwater discharges for which a coverage
6 letter under a general new NPDES permit or individual NPDES
7 permit has been is issued or for which the application for
8 coverage under an NPDES permit has been filed with the Agency
9 during the months of January through June, no annual fee shall
10 be due after payment of an initial annual fee in the amount
11 provided in subsection (e)(10) of this Section. for the 12
12 months beginning July 1 that immediately follow the period for
13 which the initial annual fee was due.
14     If a requested modification to an existing NPDES permit
15 causes a change in the applicable fee categories under
16 subsection (e) that results in an increase in the required fee,
17 the permittee must pay to the Agency the amount of the
18 increase, prorated for the number of months remaining before
19 the next July 1, before the modification is granted.
20     (d) Failure to submit the fee required under this Section
21 by the due date constitutes a violation of this Section. Late
22 payments shall incur an interest penalty, calculated at the
23 rate in effect from time to time for tax delinquencies under
24 subsection (a) of Section 1003 of the Illinois Income Tax Act,
25 from the date the fee is due until the date the fee payment is
26 received by the Agency.

 

 

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1     (e) The annual fees applicable to discharges under NPDES
2 permits are as follows:
3         (1) For NPDES permits for publicly owned treatment
4     works, other facilities for which the wastewater being
5     treated and discharged is primarily domestic sewage, and
6     wastewater discharges from the operation of public water
7     supply treatment facilities, the fee is:
8             (i) $1,500 for the 12 months beginning July 1, 2003
9         and $500 for each subsequent year, for facilities with
10         a Design Average Flow rate of less than 100,000 gallons
11         per day;
12             (ii) $5,000 for the 12 months beginning July 1,
13         2003 and $2,500 for each subsequent year, for
14         facilities with a Design Average Flow rate of at least
15         100,000 gallons per day but less than 500,000 gallons
16         per day;
17             (iii) $7,500 for facilities with a Design Average
18         Flow rate of at least 500,000 gallons per day but less
19         than 1,000,000 gallons per day;
20             (iv) $15,000 for facilities with a Design Average
21         Flow rate of at least 1,000,000 gallons per day but
22         less than 5,000,000 gallons per day;
23             (v) $30,000 for facilities with a Design Average
24         Flow rate of at least 5,000,000 gallons per day but
25         less than 10,000,000 gallons per day; and
26             (vi) $50,000 for facilities with a Design Average

 

 

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

 

 

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1         not more than 100,000 gallons per day; and
2             (iii) $10,000 for a facility with a Design Average
3         Flow rate that is more than 100,000 gallons per day.
4         (6) For NPDES permits for industrial activity where
5     toxic substances are regulated, other than permits covered
6     under subdivision (e)(3) or (e)(4), the fee is:
7             (i) $15,000 for a facility with a Design Average
8         Flow rate that is not more than 250,000 gallons per
9         day; and
10             (ii) $20,000 for a facility with a Design Average
11         Flow rate that is more than 250,000 gallons per day.
12         (7) For NPDES permits for industrial activity
13     classified by USEPA as a major discharge, other than
14     permits covered under subdivision (e)(3) or (e)(4), the fee
15     is:
16             (i) $30,000 for a facility where toxic substances
17         are not regulated; and
18             (ii) $50,000 for a facility where toxic substances
19         are regulated.
20         (8) For NPDES permits for municipal separate storm
21     sewer systems, the fee is $1,000.
22         (9) For NPDES permits for construction site or
23     industrial storm water, the fee is $500.
24         (10) for NPDES permits for construction site storm
25     water, the fee
26             (A) for applications received before January 1,

 

 

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1         2010 is $500;
2             (B) for applications received on or after January
3         1, 2010 is:
4                 (i) $250 if less than 5 acres are disturbed;
5             and
6                 (ii) $750 if 5 or more acres are disturbed.
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,
22 refunds, and disputes concerning the amount or timeliness of
23 payment. The Agency may set forth procedures and criteria for
24 the acceptance of payments. The absence of such rules does not
25 affect the duty of the Agency to immediately begin the
26 assessment and 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) or Agency rules,
12 fees paid to the 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. 95-516, eff. 8-28-07.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".