093_SB1060

 
                                     LRB093 10195 EFG 11381 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  State  Finance Act is amended by adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595. The Illinois Clean Water Fund.

 8        Section 10. The Environmental Protection Act  is  amended
 9    by adding Section 12.5 as follows:

10        (415 ILCS 5/12.5 new)
11        Sec. 12.5. NPDES discharge fees; grant program.
12        (a)  Beginning  January 1, 2004, the Agency shall collect
13    annual fees in the amounts set forth  in  subsection  (c)  of
14    this  Section for all discharges that require an NPDES permit
15    under subsection (f)  of  Section  12  from  each  discharger
16    holding an NPDES permit authorizing those discharges, and for
17    Section 401 water quality certifications.
18        (b)  Each  discharger  required  to  pay a fee under this
19    Section shall submit the fee to the Agency on or  before  the
20    first  day  of  January  following  the effective date of the
21    NPDES permit and the first day of January of each  succeeding
22    year  that the NPDES permit remains in effect.  The fee shall
23    be based on the NPDES permit that is in effect upon the  date
24    the  fee  is  due.    Failure to submit the required fee in a
25    timely manner constitutes a violation of the NPDES permit and
26    this Act.  In addition, the discharger shall pay an  interest
27    penalty of 2% of the amount due for each month or fraction of
28    a month that the fee is late.
29        (c)  The   amounts  of  the  annual  fees  applicable  to
 
                            -2-      LRB093 10195 EFG 11381 b
 1    dischargers   under   NPDES   permits   and    Section    401
 2    certifications are as follows:
 3             (1)  The  fee  is $1,500 per million gallons per day
 4        of design average flow for any NPDES permit for  publicly
 5        owned treatment works or other sewage discharges, and for
 6        discharges  of waste water from the production of potable
 7        water; except that the minimum fee for each permit  under
 8        this item (1) is $500 and the maximum fee is $30,000.
 9             (2)  The  fee  is $30,000 for any major NPDES permit
10        to an industrial discharger where the NPDES  permit  does
11        not  limit  toxic  pollutants  as listed in 40 C.F.R. 122
12        Appendix D, Tables 2 and 3.
13             (3)  The fee is $50,000 for any major  NPDES  permit
14        for  any  industrial  discharger  where  the NPDES permit
15        limits toxic  pollutants  as  listed  in  40  C.F.R.  122
16        Appendix  D,  Tables  2 and 3, except as provided in item
17        (4).
18             (4)  The fee is $40,000 for any major  NPDES  permit
19        for  an  industrial  discharger  where  the  NPDES permit
20        limits toxic  pollutants  as  listed  in  40  C.F.R.  122
21        Appendix  D,  Tables 2 and 3, if the maximum flow allowed
22        in any day is 250,000 gallons or less.
23             (5)  The fee is $7,500 for any  minor  NPDES  permit
24        for  an industrial discharger where the NPDES permit does
25        not limit toxic pollutants as listed  in  40  C.F.R.  122
26        Appendix D, Tables 2 and 3.
27             (6)  The  fee  is $15,000 for any minor NPDES permit
28        for an  industrial  discharger  where  the  NPDES  permit
29        limits  toxic  pollutants  as  listed  in  40  C.F.R. 122
30        Appendix D, Tables 2 and 3, except as  provided  in  item
31        (7).
32             (7)  The  fee  is $10,000 for any minor NPDES permit
33        for an  industrial  discharger  where  the  NPDES  permit
34        limits  toxic  pollutants  as  listed  in  40  C.F.R. 122
 
                            -3-      LRB093 10195 EFG 11381 b
 1        Appendix D, Tables 2 and 3, if the maximum  flow  allowed
 2        in any day is 250,000 gallons or less.
 3             (8)  The  fee  is $10,000 for any NPDES permit for a
 4        mine.
 5             (9)  The fee is $2,000 for any NPDES  permit  issued
 6        for the discharge of municipal stormwater.
 7             (10)  The  fee is $100 per acre of disturbed area at
 8        the project site for any NPDES stormwater  permit  for  a
 9        construction  site.   For the purposes of this item (10),
10        "construction  site"  means  a  site  associated  with  a
11        stormwater discharge where construction  activity  listed
12        in 40 C.F.R. 122.26(b)(14)(x) takes place.
13             (11)  The  fee  is  $100  per  acre  for  any  NPDES
14        stormwater  industrial activity permit.  For the purposes
15        of  this  item  (11),  "industrial  activity"  means   an
16        activity  associated  with  a stormwater discharge listed
17        under 40 C.F.R 122.26(b)(14)(i)-(ix) and (b)(14)(xi).
18             (12)  The fee is $300 per  combined  sewer  overflow
19        point  for  any NPDES permit for combined sewer overflows
20        for municipalities having a population of 5,000 or less.
21             (13)  The fee is $500 per  combined  sewer  overflow
22        point  for  any NPDES permit for combined sewer overflows
23        for municipalities  having  a  population  of  more  than
24        5,000.
25             (14)  The  fee  is  $5,000  for every large confined
26        animal feeding operation (CAFO) permit.
27             (15)  The  fee  is  $1,000  for  every  medium  CAFO
28        permit.
29             (16)  For a discharger under a general NPDES  permit
30        (as  described  in subsection (b) of Section 39), the fee
31        is the same as the fee imposed under this Section for  an
32        equivalent discharge under an individual permit.
33             (17)  The  fee  is  $100  for  a discharger under an
34        NPDES permit where the type of discharge is not  included
 
                            -4-      LRB093 10195 EFG 11381 b
 1        in  any  of  the  categories in items (1) through (16) of
 2        this subsection (c).
 3             (18)  The   fee   is   $100   for   water    quality
 4        certifications  required under Section 401 of the federal
 5        Clean Water Act.
 6             (19)  The fee is $5 per ton of sludge produced by  a
 7        treatment  works  for  any permit for land application of
 8        sludge for beneficial use.  The fee  shall  be  based  on
 9        sludge  production  values for the design average flow of
10        the treatment works.  The minimum  fee  for  each  permit
11        under this item (19) is $500.
12             (20)  The  fee is $5,000 for any permit for a sludge
13        user that authorizes land application  of  sludge  for  a
14        beneficial use.
15        (d)  More  than  one  of  the  annual  fees  specified in
16    subsection (c) may be applicable to a permit holder and these
17    fees are in addition to any other fees  required  under  this
18    Act.
19        (e)  No  fee  shall  be  due  under this Section from the
20    State or any department or agency of the State  or  from  any
21    school district.
22        (f)  The  Agency may establish procedures relating to the
23    collection of fees under this  Section.   Fees  paid  to  the
24    Agency under this Section are not refundable.
25        (g)  There  is  hereby  created  in  the State Treasury a
26    special fund to be known as the Illinois  Clean  Water  Fund.
27    All  fees collected by the Agency under this Section shall be
28    deposited into  the  Fund.   Subject  to  appropriation,  the
29    moneys  from  this  Fund  shall  be used by the Agency (i) to
30    perform duties related to the  NPDES  program  and  (ii)  for
31    making  grants  under  subsection  (h).  Moneys from the Fund
32    shall  not  be  transferred  to  the  General  Revenue  Fund.
33    Interest on  the  moneys  deposited  in  the  Fund  shall  be
34    deposited into the Fund.
 
                            -5-      LRB093 10195 EFG 11381 b
 1        (h)  The  Agency shall implement and administer a program
 2    of competitive  grants  to  units  of  local  government  for
 3    projects  designed to achieve the goals of the NPDES program,
 4    including efforts to monitor,  maintain,  and  improve  water
 5    quality.    These   grants   shall  be  payable,  subject  to
 6    appropriation for this purpose, from the Illinois Clean Water
 7    Fund.  The Agency may establish rules and procedures relating
 8    to the administration of the grant program.

 9        Section 99. Effective date. This Act  takes  effect  upon
10    becoming a law.