093_HB3828eng HB3828 Engrossed LRB093 12984 NHT 18196 b 1 AN ACT regarding 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 5 by 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 in10subsection (e) for all discharges that require an NPDES11permit under subsection (f) of Section 12, from each person12holding an NPDES permit authorizing those discharges13(including a person who continues to discharge under an14expired permit pending renewal), and (ii)in the amounts set 15 forth in subsection (f) of this Section for all activities 16 that require a permit under subsection (b) of Section 12, 17 from each person holding a domestic sewage sludge generator 18 or user permit. 19 Each person subject to this Section must remit the 20 applicable annual fee to the Agency in accordance with the 21 requirements set forth in this Section and any rules adopted 22 pursuant to this Section. 23 (b) Within 30 days after the effective date of this 24 Section, and by May 31 of each year thereafter, the Agency 25 shall send a fee notice by mail to each existing permittee 26 subject to a fee under this Section at his or her address of 27 record. The notice shall state the amount of the applicable 28 annual fee and the date by which payment is required. 29 Except as provided in subsection (c) with respect to 30 initial fees under new permits and certain modifications of 31 existing permits, fees payable under this Section for the 12 HB3828 Engrossed -2- LRB093 12984 NHT 18196 b 1 months beginning July 1, 2003 are due by the date specified 2 in the fee notice, which shall be no less than 30 days after 3 the date the fee notice is mailed by the Agency, and fees 4 payable under this Section for subsequent years shall be due 5 on July 1 or as otherwise required in any rules that may be 6 adopted pursuant to this Section. 7 (c) The initial annual feefor discharges under a new8individual NPDES permit orfor activity under a new 9 individual sludge generator or sludge user permit must be 10 remitted to the Agency prior to the issuance of the permit. 11 The Agency shall provide notice of the amount of the fee to 12 the applicant during its review of the application. In the 13 case of a new individualNPDES orsludge permit issued during 14 the months of January through June, the Agency may prorate 15 the initial annual fee payable under this Section. 16The initial annual fee for discharges or other activity17under a general NPDES permit must be remitted to the Agency18as part of the application for coverage under that general19permit.20If a requested modification to an existing NPDES permit21causes a change in the applicable fee categories under22subsection (e) that results in an increase in the required23fee, the permittee must pay to the Agency the amount of the24increase, prorated for the number of months remaining before25the next July 1, before the modification is granted.26 (d) Failure to submit the fee required under this 27 Section by the due date constitutes a violation of this 28 Section. Late payments shall incur an interest penalty, 29 calculated at the rate in effect from time to time for tax 30 delinquencies under subsection (a) of Section 1003 of the 31 Illinois Income Tax Act, from the date the fee is due until 32 the date the fee payment is received by the Agency. 33 (e) (Blank).The annual fees applicable to discharges34under NPDES permits are as follows:HB3828 Engrossed -3- LRB093 12984 NHT 18196 b 1(1) For NPDES permits for publicly owned treatment2works, other facilities for which the wastewater being3treated and discharged is primarily domestic sewage, and4wastewater discharges from the operation of public water5supply treatment facilities, the fee is:6(i) $1,500 for facilities with a Design7Average Flow rate of less than 100,000 gallons per8day;9(ii) $5,000 for facilities with a Design10Average Flow rate of at least 100,000 gallons per11day but less than 500,000 gallons per day;12(iii) $7,500 for facilities with a Design13Average Flow rate of at least 500,000 gallons per14day but less than 1,000,000 gallons per day;15(iv) $15,000 for facilities with a Design16Average Flow rate of at least 1,000,000 gallons per17day but less than 5,000,000 gallons per day;18(v) $30,000 for facilities with a Design19Average Flow rate of at least 5,000,000 gallons per20day but less than 10,000,000 gallons per day; and21(vi) $50,000 for facilities with a Design22Average Flow rate of 10,000,000 gallons per day or23more.24(2) For NPDES permits for treatment works or sewer25collection systems that include combined sewer overflow26outfalls, the fee is:27(i) $1,000 for systems serving a tributary28population of 10,000 or less;29(ii) $5,000 for systems serving a tributary30population that is greater than 10,000 but not more31than 25,000; and32(iii) $20,000 for systems serving a tributary33population that is greater than 25,000.34The fee amounts in this subdivision (e)(2) are inHB3828 Engrossed -4- LRB093 12984 NHT 18196 b 1addition to the fees stated in subdivision (e)(1) when2the combined sewer overflow outfall is contained within a3permit subject to subsection (e)(1) fees.4(3) For NPDES permits for mines producing coal, the5fee is $5,000.6(4) For NPDES permits for mines other than mines7producing coal, the fee is $5,000.8(5) For NPDES permits for industrial activity where9toxic substances are not regulated, other than permits10covered under subdivision (e)(3) or (e)(4), the fee is:11(i) $1,000 for a facility with a Design12Average Flow rate that is not more than 10,00013gallons per day;14(ii) $2,500 for a facility with a Design15Average Flow rate that is more than 10,000 gallons16per day but not more than 100,000 gallons per day;17and18(iii) $10,000 for a facility with a Design19Average Flow rate that is more than 100,000 gallons20per day.21(6) For NPDES permits for industrial activity where22toxic substances are regulated, other than permits23covered under subdivision (e)(3) or (e)(4), the fee is:24(i) $15,000 for a facility with a Design25Average Flow rate that is not more than 250,00026gallons per day; and27(ii) $20,000 for a facility with a Design28Average Flow rate that is more than 250,000 gallons29per day.30(7) For NPDES permits for industrial activity31classified by USEPA as a major discharge, other than32permits covered under subdivision (e)(3) or (e)(4), the33fee is:34(i) $30,000 for a facility where toxicHB3828 Engrossed -5- LRB093 12984 NHT 18196 b 1substances are not regulated; and2(ii) $50,000 for a facility where toxic3substances are regulated.4(8) For NPDES permits for municipal separate storm5sewer systems, the fee is $1,000.6(9) For NPDES permits for construction site or7industrial storm water, the fee is $500.8 (f) The annual fee for activities under a permit that 9 authorizes applying sludge on land is $2,500 for a sludge 10 generator permit and $5,000 for a sludge user permit. 11 (g) More than one of the annual fees specified in 12 subsectionsubsections (e) and(f) may be applicable to a 13 permit holder. These fees are in addition to any other fees 14 required under this Act. 15 (h) The fees imposed under this Section do not apply to 16 the State or any department or agency of the State, nor to 17 any school district. 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 and disputes concerning the amount or timeliness of payment. 22 The Agency may set forth procedures and criteria for the 23 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 27 Agency under this Section shall be deposited into the 28 Illinois Clean Water Fund, which is hereby created as a 29 special fund in the State treasury. Gifts, supplemental 30 environmental project funds, and grants may be deposited into 31 the Fund. Investment earnings on moneys held in the Fund 32 shall be credited to the Fund. 33 Subject to appropriation, the moneys in the Fund shall be 34 used by the Agency to carry out the Agency's clean water HB3828 Engrossed -6- LRB093 12984 NHT 18196 b 1 activities. 2 (k) Except as provided in subsection (1), fees paid to 3 the Agency under this Section are not refundable. 4 (l) The Agency must fully refund, from moneys in the 5 Illinois Clean Water Fund, any fee collected on or after July 6 1, 2003 for a discharge under an NPDES permit. 7 (Source: P.A. 93-32, eff. 7-1-03.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.