Full Text of SB1663 95th General Assembly
SB1663 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1663
Introduced 2/9/2007, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/12.5 |
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415 ILCS 5/12.6 |
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Amends the Environmental Protection Act. Creates a fee exception for construction site storm water discharges for which a new NPDES permit is issued during the months of January through June. States that no annual fee shall be due for the 12 months beginning July 1 that immediately follow the period for which the initial annual fee was due. Allows the Agency, by rule, to provide for the refund of permit fees. Requires a Section 401 state water quality authorization applicant to submit the fee prior to certification (now, the fee must be submitted with the application). Effective immediately.
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A BILL FOR
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SB1663 |
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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 | 5 |
| 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 | 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 | 17 |
| domestic
sewage sludge generator or user permit.
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| Each person subject to this Section must remit the | 19 |
| applicable annual fee to
the Agency in accordance with the | 20 |
| requirements set forth in this Section and
any rules adopted | 21 |
| pursuant to this Section.
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| (b) Within 30 days after the effective date of this | 23 |
| 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 | 2 |
| under this Section at his or her
address of record. The notice | 3 |
| shall state the amount of the applicable annual
fee and the | 4 |
| date by which payment is required.
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| Except as provided in subsection (c) with respect to | 6 |
| initial fees under
new permits and certain modifications of | 7 |
| existing permits, fees payable under
this Section are due by | 8 |
| the date
specified in the fee notice, which shall be no less | 9 |
| than 30 days after the date
the fee notice is mailed by the | 10 |
| Agency.
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| (c) The initial annual fee for discharges under a new | 12 |
| individual NPDES
permit or for activity under a new individual | 13 |
| sludge generator or sludge user
permit must be remitted to the | 14 |
| Agency prior to the issuance of the permit.
The Agency shall | 15 |
| provide notice of the amount of the fee to the applicant
during | 16 |
| its review of the application. In the case of a new individual | 17 |
| NPDES
or sludge permit issued during the months of January | 18 |
| through June, the Agency
may prorate the initial annual fee | 19 |
| payable under this Section.
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| The initial annual fee for discharges or other activity | 21 |
| under a general
NPDES permit must be remitted to the Agency as | 22 |
| part of the application
for coverage under that general permit.
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| In the case of construction site storm water discharges for | 24 |
| which a new NPDES permit is issued during the months of January | 25 |
| through June, no annual fee shall be due for the 12 months | 26 |
| 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 | 3 |
| causes a change in
the applicable fee categories under | 4 |
| subsection (e) that results in an increase
in the required fee, | 5 |
| the permittee must pay to the Agency the amount of the
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| increase, prorated for the number of months remaining before | 7 |
| the next July 1,
before the modification is granted.
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| (d) Failure to submit the fee required under this Section | 9 |
| by the due
date constitutes a violation of this Section. Late | 10 |
| payments shall incur an
interest penalty, calculated at the | 11 |
| rate in effect from time to time for tax
delinquencies under | 12 |
| subsection (a) of Section 1003 of the Illinois Income Tax
Act, | 13 |
| from the date the fee is due until the date the fee payment is | 14 |
| received
by the Agency.
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| (e) The annual fees applicable to discharges under NPDES | 16 |
| permits are as
follows:
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| (1) For NPDES permits for publicly owned treatment | 18 |
| works, other
facilities for which the wastewater being | 19 |
| treated and discharged is primarily
domestic sewage, and | 20 |
| 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 | 23 |
| and $500 for each subsequent year, for facilities with | 24 |
| a Design Average Flow rate of less than
100,000 gallons | 25 |
| 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 | 2 |
| 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 | 4 |
| per day;
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| (iii) $7,500 for facilities with a Design Average | 6 |
| Flow rate of at least
500,000 gallons per day but less | 7 |
| than 1,000,000 gallons per day;
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| (iv) $15,000 for facilities with a Design Average | 9 |
| Flow rate of at least
1,000,000 gallons per day but | 10 |
| less than 5,000,000 gallons per day;
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| (v) $30,000 for facilities with a Design Average | 12 |
| Flow rate of at least
5,000,000 gallons per day but | 13 |
| less than 10,000,000 gallons per day; and
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| (vi) $50,000 for facilities with a Design Average | 15 |
| Flow rate of
10,000,000 gallons per day or more.
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| (2) For NPDES permits for treatment works or sewer | 17 |
| collection systems
that include combined sewer overflow | 18 |
| outfalls, the fee is:
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| (i) $1,000 for systems serving a tributary | 20 |
| population of 10,000 or less;
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| (ii) $5,000 for systems serving a tributary | 22 |
| population that is greater
than 10,000 but not more | 23 |
| than 25,000; and
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| (iii) $20,000 for systems serving a tributary | 25 |
| 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 | 2 |
| combined sewer overflow outfall is
contained within a | 3 |
| permit subject to subsection (e)(1) fees.
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| (3) For NPDES permits for mines producing coal, the fee | 5 |
| is $5,000.
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| (4) For NPDES permits for mines other than mines | 7 |
| producing coal, the fee
is $5,000.
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| (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:
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| (i) $1,000 for a facility with a Design Average | 12 |
| 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 | 14 |
| Flow rate that is more
than 10,000 gallons per day but | 15 |
| not more than 100,000 gallons per day; and
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| (iii) $10,000 for a facility with a Design Average | 17 |
| Flow rate that is
more than 100,000 gallons per day.
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| (6) For NPDES permits for industrial activity where | 19 |
| toxic substances are
regulated, other than permits covered | 20 |
| under subdivision (e)(3) or (e)(4), the
fee is:
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| (i) $15,000 for a facility with a Design Average | 22 |
| Flow rate that is not
more than 250,000 gallons per | 23 |
| day; and
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| (ii) $20,000 for a facility with a Design Average | 25 |
| 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 | 2 |
| permits covered under subdivision (e)(3) or (e)(4),
the fee | 3 |
| is:
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| (i) $30,000 for a facility where toxic substances | 5 |
| are not regulated; and
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| (ii) $50,000 for a facility where toxic substances | 7 |
| are regulated.
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| (8) For NPDES permits for municipal separate storm | 9 |
| sewer systems, the fee
is $1,000.
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| (9) For NPDES permits for construction site or | 11 |
| industrial storm water,
the fee is $500.
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| (f) The annual fee for activities under a permit that | 13 |
| authorizes applying
sludge on land is $2,500 for a sludge | 14 |
| generator permit and $5,000 for a sludge
user permit.
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| (g) More than one of the annual fees specified in | 16 |
| subsections (e) and (f)
may be applicable to a permit holder. | 17 |
| These fees are in addition to any other
fees required under | 18 |
| this Act.
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| (h) The fees imposed under this Section do not apply to the | 20 |
| State or any
department or agency of the State, nor to any | 21 |
| school district, or to any private sewage disposal system as | 22 |
| defined in the Private Sewage Disposal Licensing Act (225 ILCS | 23 |
| 225/).
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| (i) The Agency may adopt rules to administer the fee | 25 |
| program established
in this Section. The Agency may include | 26 |
| 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 | 3 |
| the acceptance
of payments. The absence of such rules does not | 4 |
| affect the duty of the Agency
to immediately begin the | 5 |
| assessment and collection of fees under this Section.
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| (j) All fees and interest penalties collected by the Agency | 7 |
| under this
Section shall be deposited into the Illinois Clean | 8 |
| Water Fund, which is
hereby created as a special fund in the | 9 |
| State treasury. Gifts,
supplemental environmental project | 10 |
| funds, and grants may be deposited into
the Fund. Investment | 11 |
| earnings on moneys held in the Fund shall be credited
to the | 12 |
| Fund.
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| Subject to appropriation, the moneys in the Fund shall be | 14 |
| used by the
Agency to carry out the Agency's clean water | 15 |
| activities.
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| (k) Except as provided in subsection (l) or Agency rules , | 17 |
| 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 | 19 |
| amount paid by any person under subsection (e)(1)(i) or | 20 |
| (e)(1)(ii) of this Section for the 12 months beginning July 1, | 21 |
| 2004 and (b) the amount due under subsection (e)(1)(i) or | 22 |
| (e)(1)(ii) as established by this amendatory Act of the 93rd | 23 |
| 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 | 3 |
| in the amount
set forth in subsection (b) from each applicant | 4 |
| for a state water quality
certification required by Section 401 | 5 |
| of the federal Clean Water Act prior
to a federal authorization | 6 |
| pursuant to Section 404 of that Act; except that
the fee does | 7 |
| not apply to the State or any department or agency of the | 8 |
| State,
nor to any school district.
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| (b) The amount of the fee for a State water quality | 10 |
| certification is $350 or
1% of the gross value of the proposed | 11 |
| project, whichever is greater, but not to
exceed $10,000.
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| (c) Each applicant seeking a federal authorization of an | 13 |
| action requiring
a Section 401 state water quality | 14 |
| certification by the Agency shall submit
the required fee to | 15 |
| the Agency prior to the issuance of the certification
with the | 16 |
| application . The Agency shall provide notice of the amount of | 17 |
| the fee to the applicant during its review of the application. | 18 |
| The Agency shall not issue a Section 401 state water quality | 19 |
| certification until the appropriate fee has been received from | 20 |
| the applicant.
The Agency shall deny an application
for which a | 21 |
| 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 | 24 |
| collection of fees
under this Section. Notwithstanding the | 25 |
| adoption of any rules establishing
such procedures, the Agency | 26 |
| may begin collecting fees under this Section on
July 1, 2003 |
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| for all complete applications received on or after that date.
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| All fees collected by the Agency under this Section shall | 3 |
| be deposited
into the Illinois Clean Water Fund. Fees paid | 4 |
| under this Section are not
refundable.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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