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   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)  (Blank).  The  annual  fees applicable to discharges
34    under NPDES permits are as follows:
 
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 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
 
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 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
 
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 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    subsection  subsections  (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
 
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 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.