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Sen. John M. Sullivan
Filed: 7/24/2004
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LRB093 12984 RAS 51861 a |
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| AMENDMENT TO HOUSE BILL 3828
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| AMENDMENT NO. ______. Amend House Bill 3828 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by |
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| changing Section 12.5 as follows:
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| (415 ILCS 5/12.5)
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| Sec. 12.5. NPDES discharge fees; sludge permit fees.
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| (a) Beginning July 1, 2003, the Agency shall assess and |
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| collect annual fees
(i) in the amounts set forth in subsection |
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| (e) for all discharges that require
an NPDES permit under |
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| subsection (f) of Section 12, from each person holding an
NPDES |
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| permit authorizing those discharges (including a person who |
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| continues to
discharge under an expired permit pending |
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| renewal), and (ii) in the amounts
set forth in subsection (f) |
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| of this Section for all activities that require a
permit under |
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| subsection (b) of Section 12, from each person holding a |
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| domestic
sewage sludge generator or user permit.
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| Each person subject to this Section must remit the |
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| applicable annual fee to
the Agency in accordance with the |
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| requirements set forth in this Section and
any rules adopted |
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| pursuant to this Section.
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| (b) Within 30 days after the effective date of this |
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| Section, and by
May 31 of each year thereafter, the Agency |
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| shall send a fee notice by mail
to each existing permittee |
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LRB093 12984 RAS 51861 a |
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| subject to a fee under this Section at his or her
address of |
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| record. The notice shall state the amount of the applicable |
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| annual
fee and the date by which payment is required.
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| Except as provided in subsection (c) with respect to |
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| initial fees under
new permits and certain modifications of |
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| existing permits, fees payable under
this Section for the 12 |
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| months beginning July 1, 2003 are due by the date
specified in |
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| the fee notice, which shall be no less than 30 days after the |
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| date
the fee notice is mailed by the Agency, and fees payable |
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| under this Section for
subsequent years shall be due on July 1 |
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| or as otherwise required in any rules
that may be adopted |
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| pursuant to this Section.
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| (c) The initial annual fee for discharges under a new |
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| individual NPDES
permit or for activity under a new individual |
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| sludge generator or sludge user
permit must be remitted to the |
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| Agency prior to the issuance of the permit.
The Agency shall |
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| provide notice of the amount of the fee to the applicant
during |
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| its review of the application. In the case of a new individual |
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| NPDES
or sludge permit issued during the months of January |
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| through June, the Agency
may prorate the initial annual fee |
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| payable under this Section.
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| The initial annual fee for discharges or other activity |
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| under a general
NPDES permit must be remitted to the Agency as |
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| part of the application
for coverage under that general permit.
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| If a requested modification to an existing NPDES permit |
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| causes a change in
the applicable fee categories under |
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| subsection (e) that results in an increase
in the required fee, |
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| the permittee must pay to the Agency the amount of the
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| increase, prorated for the number of months remaining before |
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| the next July 1,
before the modification is granted.
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| (d) Failure to submit the fee required under this Section |
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| by the due
date constitutes a violation of this Section. Late |
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| payments shall incur an
interest penalty, calculated at the |
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| rate in effect from time to time for tax
delinquencies under |
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LRB093 12984 RAS 51861 a |
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|
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| subsection (a) of Section 1003 of the Illinois Income Tax
Act, |
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| from the date the fee is due until the date the fee payment is |
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| received
by the Agency.
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| (e) The annual fees applicable to discharges under NPDES |
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| permits are as
follows:
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| (1) For NPDES permits for publicly owned treatment |
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| works, other
facilities for which the wastewater being |
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| treated and discharged is primarily
domestic sewage, and |
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| wastewater discharges from the operation of public water
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| supply treatment facilities, the fee is:
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| (i) $1,500 for facilities with a Design Average |
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| Flow rate of less than
100,000 gallons per day;
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| (ii) $5,000 for facilities with a Design Average |
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| Flow rate of at least
100,000 gallons per day but less |
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| than 500,000 gallons per day;
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| (iii) $7,500 for facilities with a Design Average |
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| Flow rate of at least
500,000 gallons per day but less |
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| than 1,000,000 gallons per day;
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| (iv) $15,000 for facilities with a Design Average |
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| Flow rate of at least
1,000,000 gallons per day but |
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| less than 5,000,000 gallons per day;
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| (v) $30,000 for facilities with a Design Average |
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| Flow rate of at least
5,000,000 gallons per day but |
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| less than 10,000,000 gallons per day; and
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| (vi) $50,000 for facilities with a Design Average |
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| Flow rate of
10,000,000 gallons per day or more.
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| (2) For NPDES permits for treatment works or sewer |
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| collection systems
that include combined sewer overflow |
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| outfalls, the fee is:
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| (i) $1,000 for systems serving a tributary |
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| population of 10,000 or less;
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| (ii) $5,000 for systems serving a tributary |
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| population that is greater
than 10,000 but not more |
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| than 25,000; and
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LRB093 12984 RAS 51861 a |
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| (iii) $20,000 for systems serving a tributary |
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| population that is greater
than 25,000.
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| The fee amounts in this subdivision (e)(2) are in |
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| addition to the fees
stated in subdivision (e)(1) when the |
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| combined sewer overflow outfall is
contained within a |
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| permit subject to subsection (e)(1) fees.
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| (3) For NPDES permits for mines producing coal, the fee |
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| is $5,000.
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| (4) For NPDES permits for mines other than mines |
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| producing coal, the fee
is $5,000.
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| (5) For NPDES permits for industrial activity where |
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| toxic substances are
not regulated, other than permits |
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| covered under subdivision (e)(3) or (e)(4),
the fee is:
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| (i) $1,000 for a facility with a Design Average |
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| Flow rate that is not
more than 10,000 gallons per day;
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| (ii) $2,500 for a facility with a Design Average |
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| Flow rate that is more
than 10,000 gallons per day but |
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| not more than 100,000 gallons per day; and
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| (iii) $10,000 for a facility with a Design Average |
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| Flow rate that is
more than 100,000 gallons per day.
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| (6) For NPDES permits for industrial activity where |
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| toxic substances are
regulated, other than permits covered |
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| under subdivision (e)(3) or (e)(4), the
fee is:
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| (i) $15,000 for a facility with a Design Average |
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| Flow rate that is not
more than 250,000 gallons per |
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| day; and
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| (ii) $20,000 for a facility with a Design Average |
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| Flow rate that is
more than 250,000 gallons per day.
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| (7) For NPDES permits for industrial activity |
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| classified by USEPA as a
major discharge, other than |
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| permits covered under subdivision (e)(3) or (e)(4),
the fee |
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| is:
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| (i) $30,000 for a facility where toxic substances |
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| are not regulated; and
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LRB093 12984 RAS 51861 a |
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| (ii) $50,000 for a facility where toxic substances |
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| are regulated.
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| (8) For NPDES permits for municipal separate storm |
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| sewer systems, the fee
is $1,000.
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| (9) For NPDES permits for construction site or |
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| industrial storm water,
the fee is $500.
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| (f) The annual fee for activities under a permit that |
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| authorizes applying
sludge on land is $2,500 for a sludge |
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| generator permit and $5,000 for a sludge
user permit.
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| (g) More than one of the annual fees specified in |
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| subsections (e) and (f)
may be applicable to a permit holder. |
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| These fees are in addition to any other
fees required under |
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| this Act.
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| (h) The fees imposed under this Section do not apply to the |
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| State or any
department or agency of the State, nor to any |
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| school district.
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| (i) The Agency may adopt rules to administer the fee |
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| program established
in this Section. The Agency may include |
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| provisions pertaining to invoices,
notice of late payment, and |
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| disputes concerning the amount or timeliness of
payment. The |
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| Agency may set forth procedures and criteria for the acceptance
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| of payments. The absence of such rules does not affect the duty |
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| of the Agency
to immediately begin the assessment and |
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| collection of fees under this Section.
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| (j) All fees and interest penalties collected by the Agency |
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| under this
Section shall be deposited into the Illinois Clean |
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| Water Fund, which is
hereby created as a special fund in the |
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| State treasury. Gifts,
supplemental environmental project |
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| funds, and grants may be deposited into
the Fund. Investment |
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| earnings on moneys held in the Fund shall be credited
to the |
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| Fund.
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| Subject to appropriation, the moneys in the Fund shall be |
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| used by the
Agency to carry out the Agency's clean water |
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| activities.
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LRB093 12984 RAS 51861 a |
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| (k) Notwithstanding any other provision in this Act, the |
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| fees enumerated in this Section shall automatically be reduced |
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| by 25% beginning January 1, 2005 and shall automatically be |
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| reduced by another 25% beginning January 1, 2006.
Fees paid to |
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| the Agency under this Section are not refundable.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 99. Effective date. This Act takes effect January |
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| 1, 2005.".
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