093_SB2094

 
                                     SRS093 00121 SDF 00121 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:
 
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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    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  (i)  a  unit  of local
21    government, (ii) a private sector contractor providing sewage
22    treatment services or infrastructure under contract with  the
23    State, any department or agency of the State, a unit of local
24    government,  or  a  school  district  during  the  course  of
25    providing   those   services,   or   (iii)  a  not-for-profit
26    organization exempt under  Section  501(c)  of  the  Internal
27    Revenue Code of 1986.
28        (i)  The  Agency  may  adopt  rules to administer the fee
29    program established in this Section.  The Agency may  include
30    provisions  pertaining  to  invoices, notice of late payment,
31    and disputes concerning the amount or timeliness of  payment.
32    The  Agency  may  set  forth  procedures and criteria for the
33    acceptance of payments.  The absence of such rules  does  not
34    affect  the  duty  of  the  Agency  to  immediately begin the
 
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 1    assessment and collection of fees under this Section.
 2        (j)  All fees and interest  penalties  collected  by  the
 3    Agency  under  this  Section  shall  be  deposited  into  the
 4    Illinois  Clean  Water  Fund,  which  is  hereby created as a
 5    special fund in  the  State  treasury.   Gifts,  supplemental
 6    environmental project funds, and grants may be deposited into
 7    the  Fund.   Investment  earnings  on moneys held in the Fund
 8    shall be credited to the Fund.
 9        Subject to appropriation, the moneys in the Fund shall be
10    used by the Agency to carry  out  the  Agency's  clean  water
11    activities.
12        (k)  Except  as  provided in subsection (l), fees paid to
13    the Agency under this Section are not refundable.
14        (l)  The Agency must refund fees paid on or after July 1,
15    2003 by persons or entities  exempted  from  the  fees  under
16    subsection  (h-5)  in  full from moneys in the Illinois Clean
17    Water Fund.
18    (Source: P.A. 93-32, eff. 7-1-03.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.