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(415 ILCS 5/12.5)
Sec. 12.5. NPDES discharge fees; sludge permit fees.
(a) Beginning July 1, 2003, the Agency shall assess and collect annual fees
(i) in the amounts set forth in subsection (e) for all discharges that require
an NPDES permit under subsection (f) of Section 12, from each person holding an
NPDES permit authorizing those discharges (including a person who continues to
discharge under an expired permit pending renewal), and (ii) in the amounts
set forth in subsection (f) of this Section for all activities that require a
permit under subsection (b) of Section 12, from each person holding a domestic
sewage sludge generator or user permit.
Each person subject to this Section must remit the applicable annual fee to
the Agency in accordance with the requirements set forth in this Section and
any rules adopted pursuant to this Section.
(b) Within 30 days after the effective date of this Section, and each year thereafter, except when a fee is not due because of the operation of subsection (c), the Agency shall send a fee notice by mail
to each existing permittee subject to a fee under this Section at his or her
address of record. The notice shall state the amount of the applicable annual
fee and the date by which payment is required.
Except as provided in subsection (c) with respect to initial fees under
new permits and certain modifications of existing permits, fees payable under
this Section are due by the date
specified in the fee notice, which shall be no less than 30 days after the date
the fee notice is mailed by the Agency.
(c) The initial annual fee for discharges under a new NPDES
permit or for activity under a new
sludge generator or sludge user
permit must be remitted to the Agency prior to the issuance of the permit.
The Agency shall provide notice of the amount of the fee to the applicant
during its review of the application. In the case of a new
NPDES
or sludge permit issued during the months of January through June, the Agency
may prorate the initial annual fee payable under this Section.
The initial annual fee for discharges or other activity under a general
NPDES permit must be remitted to the Agency as part of the application
for coverage under that general permit.
Beginning January 1, 2010, in the case of construction site storm water discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for which the application for coverage under an NPDES permit has been filed with the Agency, no annual fee shall be due after payment of an initial annual fee in the amount provided in subsection (e)(10) of this Section.
If a requested modification to an existing NPDES permit causes a change in
the applicable fee categories under subsection (e) that results in an increase
in the required fee, the permittee must pay to the Agency the amount of the
increase, prorated for the number of months remaining before the next July 1,
before the modification is granted.
(d) Failure to submit the fee required under this Section by the due
date constitutes a violation of this Section. Late payments shall incur an
interest penalty, calculated at the rate in effect from time to time for tax
delinquencies under subsection (a) of Section 1003 of the Illinois Income Tax
Act, from the date the fee is due until the date the fee payment is received
by the Agency.
(e) The annual fees applicable to discharges under NPDES permits are as
follows:
(1) For NPDES permits for publicly owned treatment |
| works, other facilities for which the wastewater being treated and discharged is primarily domestic sewage, and wastewater discharges from the operation of public water supply treatment facilities, the fee is:
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(i) $1,500 for the 12 months beginning July 1,
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| 2003 and $500 for each subsequent year, for facilities with a Design Average Flow rate of less than 100,000 gallons per day;
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(ii) $5,000 for the 12 months beginning July 1,
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| 2003 and $2,500 for each subsequent year, for facilities with a Design Average Flow rate of at least 100,000 gallons per day but less 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 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 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 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 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 than 25,000; and
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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 combined sewer overflow outfall is contained within a permit subject to subsection (e)(1) fees.
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(3) For NPDES permits for mines producing coal, the
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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 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 not more than 100,000 gallons per day; and
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(iii) $10,000 for a facility with a Design
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| Average 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 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 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 permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $30,000 for a facility where toxic substances
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(ii) $50,000 for a facility where toxic
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| substances 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 industrial storm water, the
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(10) For NPDES permits for construction site storm
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(A) for applications received before January 1,
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(B) for applications received on or after January
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(i) $250 if less than 5 acres are disturbed;
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(ii) $750 if 5 or more acres are disturbed.
(11) For an NPDES permit for a Concentrated Animal
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| Feeding Operation (CAFO), the fee is:
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(A) $750 for a Large CAFO, as defined in 40
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(B) $350 for a Medium CAFO, as defined in 40
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(C) $150 for a Small CAFO, as defined in 40
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(f) The annual fee for activities under a permit that authorizes applying
sludge on land is $2,500 for a sludge generator permit and $5,000 for a sludge
user permit.
(g) More than one of the annual fees specified in subsections (e) and (f)
may be applicable to a permit holder. These fees are in addition to any other
fees required under this Act.
(h) The fees imposed under this Section do not apply to the State or any
department or agency of the State, nor to any school district, or to any private sewage disposal system as defined in the Private Sewage Disposal Licensing Act (225 ILCS 225/).
(i) The Agency may adopt rules to administer the fee program established
in this Section. The Agency may include provisions pertaining to invoices,
notice of late payment, refunds, and disputes concerning the amount or timeliness of
payment. The Agency may set forth procedures and criteria for the acceptance
of payments. The absence of such rules does not affect the duty of the Agency
to immediately begin the assessment and collection of fees under this Section.
(j) All fees and interest penalties collected by the Agency under this
Section shall be deposited into the Illinois Clean Water Fund, which is
hereby created as a special fund in the State treasury. Gifts,
supplemental environmental project funds, and grants may be deposited into
the Fund. Investment earnings on moneys held in the Fund shall be credited
to the Fund.
Subject to appropriation, the moneys in the Fund shall be used by the
Agency to carry out the Agency's clean water activities.
(k) Except as provided in subsection (l) or Agency rules, fees paid to the Agency under this Section are not refundable.
(l) The Agency may refund the difference between (a) the amount paid by any person under subsection (e)(1)(i) or (e)(1)(ii) of this Section for the 12 months beginning July 1, 2004 and (b) the amount due under subsection (e)(1)(i) or (e)(1)(ii) as established by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
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