HB3504ham001 97TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 3/14/2011

 

 


 

 


 
09700HB3504ham001LRB097 10835 JDS 52919 a

1
AMENDMENT TO HOUSE BILL 3504

2    AMENDMENT NO. ______. Amend House Bill 3504 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing 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
9collect annual fees (i) in the amounts set forth in subsection
10(e) for all discharges that require an NPDES permit under
11subsection (f) of Section 12, from each person holding an NPDES
12permit authorizing those discharges (including a person who
13continues to discharge under an expired permit pending
14renewal), and (ii) in the amounts set forth in subsection (f)
15of this Section for all activities that require a permit under
16subsection (b) of Section 12, from each person holding a

 

 

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1domestic sewage sludge generator or user permit.
2    Each person subject to this Section must remit the
3applicable annual fee to the Agency in accordance with the
4requirements set forth in this Section and any rules adopted
5pursuant to this Section.
6    (b) Within 30 days after the effective date of this
7Section, and each year thereafter, except when a fee is not due
8because of the operation of subsection (c), the Agency shall
9send a fee notice by mail to each existing permittee subject to
10a fee under this Section at his or her address of record. The
11notice shall state the amount of the applicable annual fee and
12the date by which payment is required.
13    Except as provided in subsection (c) with respect to
14initial fees under new permits and certain modifications of
15existing permits, fees payable under this Section are due by
16the date specified in the fee notice, which shall be no less
17than 30 days after the date the fee notice is mailed by the
18Agency.
19    (c) The initial annual fee for discharges under a new NPDES
20permit or for activity under a new sludge generator or sludge
21user permit must be remitted to the Agency prior to the
22issuance of the permit. The Agency shall provide notice of the
23amount of the fee to the applicant during its review of the
24application. In the case of a new NPDES or sludge permit issued
25during the months of January through June, the Agency may
26prorate the initial annual fee payable under this Section.

 

 

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1    The initial annual fee for discharges or other activity
2under a general NPDES permit must be remitted to the Agency as
3part of the application for coverage under that general permit.
4    Beginning January 1, 2010, in the case of construction site
5storm water discharges for which a coverage letter under a
6general NPDES permit or individual NPDES permit has been issued
7or for which the application for coverage under an NPDES permit
8has been filed with the Agency, no annual fee shall be due
9after payment of an initial annual fee in the amount provided
10in subsection (e)(10) of this Section.
11    If a requested modification to an existing NPDES permit
12causes a change in the applicable fee categories under
13subsection (e) that results in an increase in the required fee,
14the permittee must pay to the Agency the amount of the
15increase, prorated for the number of months remaining before
16the next July 1, before the modification is granted.
17    (d) Failure to submit the fee required under this Section
18by the due date constitutes a violation of this Section. Late
19payments shall incur an interest penalty, calculated at the
20rate in effect from time to time for tax delinquencies under
21subsection (a) of Section 1003 of the Illinois Income Tax Act,
22from the date the fee is due until the date the fee payment is
23received by the Agency.
24    (e) The annual fees applicable to discharges under NPDES
25permits are as follows:
26        (1) For NPDES permits for publicly owned treatment

 

 

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1    works, other facilities for which the wastewater being
2    treated and discharged is primarily domestic sewage, and
3    wastewater discharges from the operation of public water
4    supply treatment facilities, the fee is:
5            (i) $1,500 for the 12 months beginning July 1, 2003
6        and $500 for each subsequent year, for facilities with
7        a Design Average Flow rate of less than 100,000 gallons
8        per day;
9            (ii) $5,000 for the 12 months beginning July 1,
10        2003 and $2,500 for each subsequent year, for
11        facilities with a Design Average Flow rate of at least
12        100,000 gallons per day but less than 500,000 gallons
13        per day;
14            (iii) $7,500 for facilities with a Design Average
15        Flow rate of at least 500,000 gallons per day but less
16        than 1,000,000 gallons per day;
17            (iv) $15,000 for facilities with a Design Average
18        Flow rate of at least 1,000,000 gallons per day but
19        less than 5,000,000 gallons per day;
20            (v) $30,000 for facilities with a Design Average
21        Flow rate of at least 5,000,000 gallons per day but
22        less than 10,000,000 gallons per day; and
23            (vi) $50,000 for facilities with a Design Average
24        Flow rate of 10,000,000 gallons per day or more.
25        (2) For NPDES permits for treatment works or sewer
26    collection systems that include combined sewer overflow

 

 

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1    outfalls, the fee is:
2            (i) $1,000 for systems serving a tributary
3        population of 10,000 or less;
4            (ii) $5,000 for systems serving a tributary
5        population that is greater than 10,000 but not more
6        than 25,000; and
7            (iii) $20,000 for systems serving a tributary
8        population that is greater than 25,000.
9        The fee amounts in this subdivision (e)(2) are in
10    addition to the fees stated in subdivision (e)(1) when the
11    combined sewer overflow outfall is contained within a
12    permit subject to subsection (e)(1) fees.
13        (3) For NPDES permits for mines producing coal, the fee
14    is $5,000.
15        (4) For NPDES permits for mines other than mines
16    producing coal, the fee is $5,000.
17        (5) For NPDES permits for industrial activity where
18    toxic substances are not regulated, other than permits
19    covered under subdivision (e)(3) or (e)(4), the fee is:
20            (i) $1,000 for a facility with a Design Average
21        Flow rate that is not more than 10,000 gallons per day;
22            (ii) $2,500 for a facility with a Design Average
23        Flow rate that is more than 10,000 gallons per day but
24        not more than 100,000 gallons per day; and
25            (iii) $10,000 for a facility with a Design Average
26        Flow rate that is more than 100,000 gallons per day.

 

 

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1        (6) For NPDES permits for industrial activity where
2    toxic substances are regulated, other than permits covered
3    under subdivision (e)(3) or (e)(4), the fee is:
4            (i) $15,000 for a facility with a Design Average
5        Flow rate that is not more than 250,000 gallons per
6        day; and
7            (ii) $20,000 for a facility with a Design Average
8        Flow rate that is more than 250,000 gallons per day.
9        (7) For NPDES permits for industrial activity
10    classified by USEPA as a major discharge, other than
11    permits covered under subdivision (e)(3) or (e)(4), the fee
12    is:
13            (i) $30,000 for a facility where toxic substances
14        are not regulated; and
15            (ii) $50,000 for a facility where toxic substances
16        are regulated.
17        (8) For NPDES permits for municipal separate storm
18    sewer systems, the fee is $1,000.
19        (9) For NPDES permits for industrial storm water, the
20    fee is $500.
21        (10) For for NPDES permits for construction site storm
22    water, the fee
23            (A) for applications received before January 1,
24        2010 is $500;
25            (B) for applications received on or after January
26        1, 2010 is:

 

 

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1                (i) $250 if less than 5 acres are disturbed;
2            and
3                (ii) $750 if 5 or more acres are disturbed.
4        (11) For NPDES permits for concentrated animal feeding
5    operations, the fee shall be set by rule of the Agency in
6    an amount that does not exceed the costs of administering
7    the NPDES permit program for those operations. Fees shall
8    be set under this paragraph (11) in accordance with the
9    Administrative Review Law.
10    (f) The annual fee for activities under a permit that
11authorizes applying sludge on land is $2,500 for a sludge
12generator permit and $5,000 for a sludge user permit.
13    (g) More than one of the annual fees specified in
14subsections (e) and (f) may be applicable to a permit holder.
15These fees are in addition to any other fees required under
16this Act.
17    (h) The fees imposed under this Section do not apply to the
18State or any department or agency of the State, nor to any
19school district, or to any private sewage disposal system as
20defined in the Private Sewage Disposal Licensing Act (225 ILCS
21225/).
22    (i) The Agency may adopt rules to administer the fee
23program established in this Section. The Agency may include
24provisions pertaining to invoices, notice of late payment,
25refunds, and disputes concerning the amount or timeliness of
26payment. The Agency may set forth procedures and criteria for

 

 

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1the acceptance of payments. The absence of such rules does not
2affect the duty of the Agency to immediately begin the
3assessment and collection of fees under this Section.
4    (j) All fees and interest penalties collected by the Agency
5under this Section shall be deposited into the Illinois Clean
6Water Fund, which is hereby created as a special fund in the
7State treasury. Gifts, supplemental environmental project
8funds, and grants may be deposited into the Fund. Investment
9earnings on moneys held in the Fund shall be credited to the
10Fund.
11    Subject to appropriation, the moneys in the Fund shall be
12used by the Agency to carry out the Agency's clean water
13activities.
14    (k) Except as provided in subsection (l) or Agency rules,
15fees paid to the Agency under this Section are not refundable.
16    (l) The Agency may refund the difference between (a) the
17amount paid by any person under subsection (e)(1)(i) or
18(e)(1)(ii) of this Section for the 12 months beginning July 1,
192004 and (b) the amount due under subsection (e)(1)(i) or
20(e)(1)(ii) as established by this amendatory Act of the 93rd
21General Assembly.
22(Source: P.A. 95-516, eff. 8-28-07; 96-245, eff. 8-11-09.)".