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Public Act 095-0516
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| SB1663 Enrolled |
LRB095 03367 CMK 23371 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Sections 12.5 and 12.6 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 |
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.
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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.
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(b) Within 30 days after the effective date of this |
Section, and each year thereafter, the Agency shall send a fee |
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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.
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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.
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(c) The initial annual fee for discharges under a new |
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 |
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 individual
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NPDES
or sludge permit issued during the months of January |
through June, the Agency
may prorate the initial annual fee |
payable under this Section.
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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.
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In the case of construction site stormwater discharges for |
which a new NPDES permit is issued during the months of January |
through June, no annual fee shall be due for the 12 months |
beginning July 1 that immediately follow the period for which |
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the initial annual fee was due.
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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
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increase, prorated for the number of months remaining before |
the next July 1,
before the modification is granted.
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(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.
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(e) The annual fees applicable to discharges under NPDES |
permits are as
follows:
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(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
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supply treatment facilities, the fee is:
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(i) $1,500 for the 12 months beginning July 1, 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
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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 |
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 |
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 |
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 |
Flow rate of
10,000,000 gallons per day or more.
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(2) For NPDES permits for treatment works or sewer |
collection systems
that include combined sewer overflow |
outfalls, the fee is:
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(i) $1,000 for systems serving a tributary |
population of 10,000 or less;
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(ii) $5,000 for systems serving a tributary |
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 |
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 fee |
is $5,000.
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(4) For NPDES permits for mines other than mines |
producing coal, the fee
is $5,000.
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(5) For NPDES permits for industrial activity where |
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 |
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 |
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 Average |
Flow rate that is
more than 100,000 gallons per day.
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(6) For NPDES permits for industrial activity where |
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 |
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 |
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 |
are not regulated; and
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(ii) $50,000 for a facility where toxic substances |
are regulated.
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(8) For NPDES permits for municipal separate storm |
sewer systems, the fee
is $1,000.
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(9) For NPDES permits for construction site or |
industrial storm water,
the fee is $500.
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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.
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(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.
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(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/).
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(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, |
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refunds, and disputes concerning the amount or timeliness of
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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.
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(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.
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Subject to appropriation, the moneys in the Fund shall be |
used by the
Agency to carry out the Agency's clean water |
activities.
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(k) Except as provided in subsection (l) or Agency rules, |
fees paid to the Agency under this Section are not refundable.
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(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.
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(Source: P.A. 93-32, eff. 7-1-03; 93-840, eff. 7-30-04.)
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(415 ILCS 5/12.6)
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Sec. 12.6. Certification fees.
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(a) Beginning July 1, 2003, the Agency shall collect a fee |
in the amount
set forth in subsection (b) from each applicant |
for a state water quality
certification required by Section 401 |
of the federal Clean Water Act prior
to a federal authorization |
pursuant to Section 404 of that Act; except that
the fee does |
not apply to the State or any department or agency of the |
State,
nor to any school district.
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(b) The amount of the fee for a State water quality |
certification is $350 or
1% of the gross value of the proposed |
project, whichever is greater, but not to
exceed $10,000.
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(c) Each applicant seeking a federal authorization of an |
action requiring
a Section 401 state water quality |
certification by the Agency shall submit
the required fee to |
the Agency prior to the issuance of the certification
with the |
application. The Agency shall provide notice of the amount of |
the fee to the applicant during its review of the application. |
The Agency shall not issue a Section 401 state water quality |
certification until the appropriate fee has been received from |
the applicant.
The Agency shall deny an application
for which a |
fee is required under this Section, if the application does not
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contain the appropriate fee.
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(d) The Agency may establish procedures relating to the |
collection of fees
under this Section. Notwithstanding the |
adoption of any rules establishing
such procedures, the Agency |
may begin collecting fees under this Section on
July 1, 2003 |