Illinois General Assembly - Full Text of HB3824
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Full Text of HB3824  93rd General Assembly

HB3824 93rd General Assembly


093_HB3824

                                     LRB093 12516 AMC 17704 b

 1        AN ACT concerning environmental protection.

 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  in
10    subsection (e) for  all  discharges  that  require  an  NPDES
11    permit  under  subsection (f) of Section 12, from each person
12    holding  an  NPDES  permit   authorizing   those   discharges
13    (including  a  person  who  continues  to  discharge under an
14    expired 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
 
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 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 fee for discharges  under  a  new
 8    individual   NPDES   permit  or  for  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 individual NPDES or sludge permit issued during
14    the months of January through June, the  Agency  may  prorate
15    the initial annual fee payable under this Section.
16        The  initial  annual fee for discharges or other activity
17    under a general NPDES permit must be remitted to  the  Agency
18    as  part  of  the application for coverage under that general
19    permit.
20        If a requested modification to an existing  NPDES  permit
21    causes  a  change  in  the  applicable  fee  categories under
22    subsection (e) that results in an increase  in  the  required
23    fee,  the  permittee must pay to the Agency the amount of the
24    increase, prorated for the number of months remaining  before
25    the 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)  The annual fees applicable to discharges under NPDES
34    permits are as follows:
 
                            -3-      LRB093 12516 AMC 17704 b
 1             (1)  For NPDES permits for publicly owned  treatment
 2        works,  other  facilities  for which the wastewater being
 3        treated and discharged is primarily domestic sewage,  and
 4        wastewater  discharges from the operation of public water
 5        supply treatment facilities, the fee is:
 6                  (i)  $1,500  for  facilities  with   a   Design
 7             Average  Flow  rate of less than 100,000 gallons per
 8             day;
 9                  (ii)  $5,000  for  facilities  with  a   Design
10             Average  Flow  rate  of at least 100,000 gallons per
11             day but less than 500,000 gallons per day;
12                  (iii)  $7,500  for  facilities  with  a  Design
13             Average Flow rate of at least  500,000  gallons  per
14             day but less than 1,000,000 gallons per day;
15                  (iv)  $15,000  for  facilities  with  a  Design
16             Average  Flow rate of at least 1,000,000 gallons per
17             day but less than 5,000,000 gallons per day;
18                  (v)  $30,000  for  facilities  with  a   Design
19             Average  Flow rate of at least 5,000,000 gallons per
20             day but less than 10,000,000 gallons per day; and
21                  (vi)  $50,000  for  facilities  with  a  Design
22             Average Flow rate of 10,000,000 gallons per  day  or
23             more.
24             (2)  For  NPDES permits for treatment works or sewer
25        collection systems that include combined  sewer  overflow
26        outfalls, the fee is:
27                  (i)  $1,000  for  systems  serving  a tributary
28             population of 10,000 or less;
29                  (ii)  $5,000 for systems  serving  a  tributary
30             population  that is greater than 10,000 but not more
31             than 25,000; and
32                  (iii)  $20,000 for systems serving a  tributary
33             population that is greater than 25,000.
34             The  fee  amounts  in this subdivision (e)(2) are in
 
                            -4-      LRB093 12516 AMC 17704 b
 1        addition to the fees stated in  subdivision  (e)(1)  when
 2        the combined sewer overflow outfall is contained within a
 3        permit subject to subsection (e)(1) fees.
 4             (3)  For NPDES permits for mines producing coal, the
 5        fee is $5,000.
 6             (4)  For  NPDES  permits  for mines other than mines
 7        producing coal, the fee is $5,000.
 8             (5)  For NPDES permits for industrial activity where
 9        toxic substances are not regulated,  other  than  permits
10        covered under subdivision (e)(3) or (e)(4), the fee is:
11                  (i)  $1,000   for  a  facility  with  a  Design
12             Average Flow rate  that  is  not  more  than  10,000
13             gallons per day;
14                  (ii)  $2,500  for  a  facility  with  a  Design
15             Average  Flow  rate that is more than 10,000 gallons
16             per day but not more than 100,000 gallons  per  day;
17             and
18                  (iii)  $10,000  for  a  facility  with a Design
19             Average Flow rate that is more than 100,000  gallons
20             per day.
21             (6)  For NPDES permits for industrial activity where
22        toxic   substances  are  regulated,  other  than  permits
23        covered under subdivision (e)(3) or (e)(4), the fee is:
24                  (i)  $15,000  for  a  facility  with  a  Design
25             Average Flow rate that  is  not  more  than  250,000
26             gallons per day; and
27                  (ii)  $20,000  for  a  facility  with  a Design
28             Average Flow rate that is more than 250,000  gallons
29             per day.
30             (7)  For   NPDES  permits  for  industrial  activity
31        classified by USEPA as  a  major  discharge,  other  than
32        permits  covered  under subdivision (e)(3) or (e)(4), the
33        fee is:
34                  (i)  $30,000  for  a   facility   where   toxic
 
                            -5-      LRB093 12516 AMC 17704 b
 1             substances are not regulated; and
 2                  (ii)  $50,000   for   a  facility  where  toxic
 3             substances are regulated.
 4             (8)  For NPDES permits for municipal separate  storm
 5        sewer systems, the fee is $1,000.
 6             (9)  For  NPDES  permits  for  construction  site or
 7        industrial 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    subsections (e) and (f) may be applicable to a permit holder.
13    These  fees  are in addition to any other fees required under
14    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        (h-5) The annual  fees  applicable  to  discharges  under
19    NPDES  permits imposed pursuant to item (i) of subsection (a)
20    of this Section do not apply to not-for-profit  organizations
21    exempt  under  Section 501(c) of the Internal Revenue Code of
22    1986.
23        (i)  The Agency may adopt rules  to  administer  the  fee
24    program  established in this Section.  The Agency may include
25    provisions pertaining to invoices, notice  of  late  payment,
26    and  disputes concerning the amount or timeliness of payment.
27    The Agency may set forth  procedures  and  criteria  for  the
28    acceptance  of  payments.  The absence of such rules does not
29    affect the duty  of  the  Agency  to  immediately  begin  the
30    assessment and collection of fees under this Section.
31        (j)  All  fees  and  interest  penalties collected by the
32    Agency  under  this  Section  shall  be  deposited  into  the
33    Illinois Clean Water Fund,  which  is  hereby  created  as  a
34    special  fund  in  the  State  treasury.  Gifts, supplemental
 
                            -6-      LRB093 12516 AMC 17704 b
 1    environmental project funds, and grants may be deposited into
 2    the Fund.  Investment earnings on moneys  held  in  the  Fund
 3    shall be credited to the Fund.
 4        Subject to appropriation, the moneys in the Fund shall be
 5    used  by  the  Agency  to  carry out the Agency's clean water
 6    activities.
 7        (k)  Fees paid to the Agency under this Section  are  not
 8    refundable.
 9    (Source: P.A. 93-32, eff. 7-1-03.)

10        Section  99.  Effective date.  This Act takes effect upon
11    becoming law.