Full Text of HB3504 97th General Assembly
HB3504ham001 97TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 3/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3504
| 2 | | AMENDMENT NO. ______. Amend House Bill 3504 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 the case of construction site | 5 | | storm water discharges for which a coverage letter under a | 6 | | general NPDES permit or individual NPDES permit has been issued | 7 | | or for which the application for coverage under an NPDES permit | 8 | | has been filed with the Agency, no annual fee shall be due | 9 | | after payment of an initial annual fee in the amount provided | 10 | | in subsection (e)(10) of this Section.
| 11 | | If a requested modification to an existing NPDES permit | 12 | | causes a change in
the applicable fee categories under | 13 | | subsection (e) that results in an increase
in the required fee, | 14 | | the permittee must pay to the Agency the amount of the
| 15 | | increase, prorated for the number of months remaining before | 16 | | the next July 1,
before the modification is granted.
| 17 | | (d) Failure to submit the fee required under this Section | 18 | | by the due
date constitutes a violation of this Section. Late | 19 | | payments shall incur an
interest penalty, calculated at the | 20 | | rate in effect from time to time for tax
delinquencies under | 21 | | subsection (a) of Section 1003 of the Illinois Income Tax
Act, | 22 | | from the date the fee is due until the date the fee payment is | 23 | | received
by the Agency.
| 24 | | (e) The annual fees applicable to discharges under NPDES | 25 | | permits are as
follows:
| 26 | | (1) For NPDES permits for publicly owned treatment |
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| 1 | | works, other
facilities for which the wastewater being | 2 | | treated and discharged is primarily
domestic sewage, and | 3 | | wastewater discharges from the operation of public water
| 4 | | supply treatment facilities, the fee is:
| 5 | | (i) $1,500 for the 12 months beginning July 1, 2003 | 6 | | and $500 for each subsequent year, for facilities with | 7 | | a Design Average Flow rate of less than
100,000 gallons | 8 | | per day;
| 9 | | (ii) $5,000 for the 12 months beginning July 1, | 10 | | 2003 and $2,500 for each subsequent year, for | 11 | | facilities with a Design Average Flow rate of at least
| 12 | | 100,000 gallons per day but less than 500,000 gallons | 13 | | per day;
| 14 | | (iii) $7,500 for facilities with a Design Average | 15 | | Flow rate of at least
500,000 gallons per day but less | 16 | | than 1,000,000 gallons per day;
| 17 | | (iv) $15,000 for facilities with a Design Average | 18 | | Flow rate of at least
1,000,000 gallons per day but | 19 | | less than 5,000,000 gallons per day;
| 20 | | (v) $30,000 for facilities with a Design Average | 21 | | Flow rate of at least
5,000,000 gallons per day but | 22 | | less than 10,000,000 gallons per day; and
| 23 | | (vi) $50,000 for facilities with a Design Average | 24 | | Flow rate of
10,000,000 gallons per day or more.
| 25 | | (2) For NPDES permits for treatment works or sewer | 26 | | collection systems
that include combined sewer overflow |
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| 1 | | outfalls, the fee is:
| 2 | | (i) $1,000 for systems serving a tributary | 3 | | population of 10,000 or less;
| 4 | | (ii) $5,000 for systems serving a tributary | 5 | | population that is greater
than 10,000 but not more | 6 | | than 25,000; and
| 7 | | (iii) $20,000 for systems serving a tributary | 8 | | population that is greater
than 25,000.
| 9 | | The fee amounts in this subdivision (e)(2) are in | 10 | | addition to the fees
stated in subdivision (e)(1) when the | 11 | | combined sewer overflow outfall is
contained within a | 12 | | permit subject to subsection (e)(1) fees.
| 13 | | (3) For NPDES permits for mines producing coal, the fee | 14 | | is $5,000.
| 15 | | (4) For NPDES permits for mines other than mines | 16 | | producing coal, the fee
is $5,000.
| 17 | | (5) For NPDES permits for industrial activity where | 18 | | toxic substances are
not regulated, other than permits | 19 | | covered under subdivision (e)(3) or (e)(4),
the fee is:
| 20 | | (i) $1,000 for a facility with a Design Average | 21 | | Flow rate that is not
more than 10,000 gallons per day;
| 22 | | (ii) $2,500 for a facility with a Design Average | 23 | | Flow rate that is more
than 10,000 gallons per day but | 24 | | not more than 100,000 gallons per day; and
| 25 | | (iii) $10,000 for a facility with a Design Average | 26 | | Flow rate that is
more than 100,000 gallons per day.
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| 1 | | (6) For NPDES permits for industrial activity where | 2 | | toxic substances are
regulated, other than permits covered | 3 | | under subdivision (e)(3) or (e)(4), the
fee is:
| 4 | | (i) $15,000 for a facility with a Design Average | 5 | | Flow rate that is not
more than 250,000 gallons per | 6 | | day; and
| 7 | | (ii) $20,000 for a facility with a Design Average | 8 | | Flow rate that is
more than 250,000 gallons per day.
| 9 | | (7) For NPDES permits for industrial activity | 10 | | classified by USEPA as a
major discharge, other than | 11 | | permits covered under subdivision (e)(3) or (e)(4),
the fee | 12 | | is:
| 13 | | (i) $30,000 for a facility where toxic substances | 14 | | are not regulated; and
| 15 | | (ii) $50,000 for a facility where toxic substances | 16 | | are regulated.
| 17 | | (8) For NPDES permits for municipal separate storm | 18 | | sewer systems, the fee
is $1,000.
| 19 | | (9) For NPDES permits for industrial storm water,
the | 20 | | fee is $500.
| 21 | | (10) For for NPDES permits for construction site storm | 22 | | water, the fee | 23 | | (A) for applications received before January 1, | 24 | | 2010 is $500; | 25 | | (B) for applications received on or after January | 26 | | 1, 2010 is: |
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| 1 | | (i) $250 if less than 5 acres are disturbed; | 2 | | and | 3 | | (ii) $750 if 5 or more acres are disturbed. | 4 | | (11) For NPDES permits for concentrated animal feeding | 5 | | operations, the fee shall be set by rule of the Agency in | 6 | | an amount that does not exceed the costs of administering | 7 | | the NPDES permit program for those operations. Fees shall | 8 | | be set under this paragraph (11) in accordance with the | 9 | | Administrative Review Law. | 10 | | (f) The annual fee for activities under a permit that | 11 | | authorizes applying
sludge on land is $2,500 for a sludge | 12 | | generator permit and $5,000 for a sludge
user permit.
| 13 | | (g) More than one of the annual fees specified in | 14 | | subsections (e) and (f)
may be applicable to a permit holder. | 15 | | These fees are in addition to any other
fees required under | 16 | | this Act.
| 17 | | (h) The fees imposed under this Section do not apply to the | 18 | | State or any
department or agency of the State, nor to any | 19 | | school district, or to any private sewage disposal system as | 20 | | defined in the Private Sewage Disposal Licensing Act (225 ILCS | 21 | | 225/).
| 22 | | (i) The Agency may adopt rules to administer the fee | 23 | | program established
in this Section. The Agency may include | 24 | | provisions pertaining to invoices,
notice of late payment, | 25 | | refunds, and disputes concerning the amount or timeliness of
| 26 | | payment. The Agency may set forth procedures and criteria for |
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| 1 | | the acceptance
of payments. The absence of such rules does not | 2 | | affect the duty of the Agency
to immediately begin the | 3 | | assessment and collection of fees under this Section.
| 4 | | (j) All fees and interest penalties collected by the Agency | 5 | | under this
Section shall be deposited into the Illinois Clean | 6 | | Water Fund, which is
hereby created as a special fund in the | 7 | | State treasury. Gifts,
supplemental environmental project | 8 | | funds, and grants may be deposited into
the Fund. Investment | 9 | | earnings on moneys held in the Fund shall be credited
to the | 10 | | Fund.
| 11 | | Subject to appropriation, the moneys in the Fund shall be | 12 | | used by the
Agency to carry out the Agency's clean water | 13 | | activities.
| 14 | | (k) Except as provided in subsection (l) or Agency rules, | 15 | | fees paid to the Agency under this Section are not refundable.
| 16 | | (l) The Agency may refund the difference between (a) the | 17 | | amount paid by any person under subsection (e)(1)(i) or | 18 | | (e)(1)(ii) of this Section for the 12 months beginning July 1, | 19 | | 2004 and (b) the amount due under subsection (e)(1)(i) or | 20 | | (e)(1)(ii) as established by this amendatory Act of the 93rd | 21 | | General Assembly.
| 22 | | (Source: P.A. 95-516, eff. 8-28-07; 96-245, eff. 8-11-09.)".
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