Full Text of SB2081 97th General Assembly
SB2081eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 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 by | 5 | | 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 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.
| 18 | | 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.
| 22 | | (b) Within 30 days after the effective date of this | 23 | | Section, and each year thereafter, except when a fee is not due |
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| 1 | | because of the operation of subsection (c), the Agency shall | 2 | | send a fee notice by mail
to each existing permittee subject to | 3 | | a fee under this Section at his or her
address of record. The | 4 | | notice shall state the amount of the applicable annual
fee and | 5 | | the date by which payment is required.
| 6 | | Except as provided in subsection (c) with respect to | 7 | | initial fees under
new permits and certain modifications of | 8 | | existing permits, fees payable under
this Section are due by | 9 | | the date
specified in the fee notice, which shall be no less | 10 | | than 30 days after the date
the fee notice is mailed by the | 11 | | Agency.
| 12 | | (c) The initial annual fee for discharges under a new NPDES
| 13 | | permit or for activity under a new
sludge generator or sludge | 14 | | user
permit must be remitted to the Agency prior to the | 15 | | issuance of the permit.
The Agency shall provide notice of the | 16 | | amount of the fee to the applicant
during its review of the | 17 | | application. In the case of a new
NPDES
or sludge permit issued | 18 | | during the months of January through June, the Agency
may | 19 | | prorate the initial annual fee payable under this Section.
| 20 | | 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.
| 23 | | Beginning January 1, 2010, in the case of construction site | 24 | | storm water discharges for which a coverage letter under a | 25 | | general NPDES permit or individual NPDES permit has been issued | 26 | | or for which the application for coverage under an NPDES permit |
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| 1 | | has been filed with the Agency, no annual fee shall be due | 2 | | after payment of an initial annual fee in the amount provided | 3 | | in subsection (e)(10) of this Section.
| 4 | | If a requested modification to an existing NPDES permit | 5 | | causes a change in
the applicable fee categories under | 6 | | subsection (e) that results in an increase
in the required fee, | 7 | | the permittee must pay to the Agency the amount of the
| 8 | | increase, prorated for the number of months remaining before | 9 | | the next July 1,
before the modification is granted.
| 10 | | (d) Failure to submit the fee required under this Section | 11 | | by the due
date constitutes a violation of this Section. Late | 12 | | payments shall incur an
interest penalty, calculated at the | 13 | | rate in effect from time to time for tax
delinquencies under | 14 | | subsection (a) of Section 1003 of the Illinois Income Tax
Act, | 15 | | from the date the fee is due until the date the fee payment is | 16 | | received
by the Agency.
| 17 | | (e) The annual fees applicable to discharges under NPDES | 18 | | permits are as
follows:
| 19 | | (1) For NPDES permits for publicly owned treatment | 20 | | works, other
facilities for which the wastewater being | 21 | | treated and discharged is primarily
domestic sewage, and | 22 | | wastewater discharges from the operation of public water
| 23 | | supply treatment facilities, the fee is:
| 24 | | (i) $1,500 for the 12 months beginning July 1, 2003 | 25 | | and $500 for each subsequent year, for facilities with | 26 | | a Design Average Flow rate of less than
100,000 gallons |
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| 1 | | per day;
| 2 | | (ii) $5,000 for the 12 months beginning July 1, | 3 | | 2003 and $2,500 for each subsequent year, for | 4 | | facilities with a Design Average Flow rate of at least
| 5 | | 100,000 gallons per day but less than 500,000 gallons | 6 | | per day;
| 7 | | (iii) $7,500 for facilities with a Design Average | 8 | | Flow rate of at least
500,000 gallons per day but less | 9 | | than 1,000,000 gallons per day;
| 10 | | (iv) $15,000 for facilities with a Design Average | 11 | | Flow rate of at least
1,000,000 gallons per day but | 12 | | less than 5,000,000 gallons per day;
| 13 | | (v) $30,000 for facilities with a Design Average | 14 | | Flow rate of at least
5,000,000 gallons per day but | 15 | | less than 10,000,000 gallons per day; and
| 16 | | (vi) $50,000 for facilities with a Design Average | 17 | | Flow rate of
10,000,000 gallons per day or more.
| 18 | | (2) For NPDES permits for treatment works or sewer | 19 | | collection systems
that include combined sewer overflow | 20 | | outfalls, the fee is:
| 21 | | (i) $1,000 for systems serving a tributary | 22 | | population of 10,000 or less;
| 23 | | (ii) $5,000 for systems serving a tributary | 24 | | population that is greater
than 10,000 but not more | 25 | | than 25,000; and
| 26 | | (iii) $20,000 for systems serving a tributary |
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| 1 | | population that is greater
than 25,000.
| 2 | | The fee amounts in this subdivision (e)(2) are in | 3 | | addition to the fees
stated in subdivision (e)(1) when the | 4 | | combined sewer overflow outfall is
contained within a | 5 | | permit subject to subsection (e)(1) fees.
| 6 | | (3) For NPDES permits for mines producing coal, the fee | 7 | | is $5,000.
| 8 | | (4) For NPDES permits for mines other than mines | 9 | | producing coal, the fee
is $5,000.
| 10 | | (5) For NPDES permits for industrial activity where | 11 | | toxic substances are
not regulated, other than permits | 12 | | covered under subdivision (e)(3) or (e)(4),
the fee is:
| 13 | | (i) $1,000 for a facility with a Design Average | 14 | | Flow rate that is not
more than 10,000 gallons per day;
| 15 | | (ii) $2,500 for a facility with a Design Average | 16 | | Flow rate that is more
than 10,000 gallons per day but | 17 | | not more than 100,000 gallons per day; and
| 18 | | (iii) $10,000 for a facility with a Design Average | 19 | | Flow rate that is
more than 100,000 gallons per day.
| 20 | | (6) For NPDES permits for industrial activity where | 21 | | toxic substances are
regulated, other than permits covered | 22 | | under subdivision (e)(3) or (e)(4), the
fee is:
| 23 | | (i) $15,000 for a facility with a Design Average | 24 | | Flow rate that is not
more than 250,000 gallons per | 25 | | day; and
| 26 | | (ii) $20,000 for a facility with a Design Average |
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| 1 | | Flow rate that is
more than 250,000 gallons per day.
| 2 | | (7) For NPDES permits for industrial activity | 3 | | classified by USEPA as a
major discharge, other than | 4 | | permits covered under subdivision (e)(3) or (e)(4),
the fee | 5 | | is:
| 6 | | (i) $30,000 for a facility where toxic substances | 7 | | are not regulated; and
| 8 | | (ii) $50,000 for a facility where toxic substances | 9 | | are regulated.
| 10 | | (8) For NPDES permits for municipal separate storm | 11 | | sewer systems, the fee
is $1,000.
| 12 | | (9) For NPDES permits for industrial storm water,
the | 13 | | fee is $500.
| 14 | | (10) for NPDES permits for construction site storm | 15 | | water, the fee | 16 | | (A) for applications received before January 1, | 17 | | 2010 is $500; | 18 | | (B) for applications received on or after January | 19 | | 1, 2010 is: | 20 | | (i) $250 if less than 5 acres are disturbed; | 21 | | and | 22 | | (ii) $750 if 5 or more acres are disturbed. | 23 | | (f) The annual fee for activities under a permit that | 24 | | authorizes applying
sludge on land is $2,500 for a sludge | 25 | | generator permit and $5,000 for a sludge
user permit.
| 26 | | (g) More than one of the annual fees specified in |
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| 1 | | subsections (e) and (f)
may be applicable to a permit holder. | 2 | | These fees are in addition to any other
fees required under | 3 | | this Act.
| 4 | | (h) The fees imposed under this Section do not apply to the | 5 | | State or any
department or agency of the State, nor to any | 6 | | school district, or to any private sewage disposal system as | 7 | | defined in the Private Sewage Disposal Licensing Act (225 ILCS | 8 | | 225/).
| 9 | | (i) The Agency may adopt rules to administer the fee | 10 | | program established
in this Section. The Agency may include | 11 | | provisions pertaining to invoices,
notice of late payment, | 12 | | refunds, and disputes concerning the amount or timeliness of
| 13 | | payment. The Agency may set forth procedures and criteria for | 14 | | the acceptance
of payments. The absence of such rules does not | 15 | | affect the duty of the Agency
to immediately begin the | 16 | | assessment and collection of fees under this Section.
| 17 | | (j) All fees and interest penalties collected by the Agency | 18 | | under this
Section shall be deposited into the Illinois Clean | 19 | | Water Fund, which is
hereby created as a special fund in the | 20 | | State treasury. Gifts,
supplemental environmental project | 21 | | funds, and grants may be deposited into
the Fund. Investment | 22 | | earnings on moneys held in the Fund shall be credited
to the | 23 | | Fund.
| 24 | | Subject to appropriation, the moneys in the Fund shall be | 25 | | used by the
Agency to carry out the Agency's clean water | 26 | | activities.
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| 1 | | (k) Except as provided in subsection (l) or Agency rules, | 2 | | fees paid to the Agency under this Section are not refundable.
| 3 | | (l) The Agency may refund the difference between (a) the | 4 | | amount paid by any person under subsection (e)(1)(i) or | 5 | | (e)(1)(ii) of this Section for the 12 months beginning July 1, | 6 | | 2004 and (b) the amount due under subsection (e)(1)(i) or | 7 | | (e)(1)(ii) as established by this amendatory Act of the 93rd | 8 | | General Assembly.
| 9 | | (m) A pilot grant program is hereby established to
| 10 | | determine the effectiveness of local watershed management to
| 11 | | improve the quality of local streams. | 12 | | (1) All NPDES permit fees paid each year under
Sections | 13 | | (e)(l), (e)(2), (e)(8), (e)(9) and (f) above for NPDES
| 14 | | permit facilities which are owned by a municipality, | 15 | | county,
sanitary district or other public agency and which | 16 | | are also
tributary to the watersheds of the East Branch of | 17 | | the DuPage
River, West Branch of the DuPage River and Salt | 18 | | Creek shall be
directed into a grant program to be awarded | 19 | | by the Agency for
projects recommended by the DuPage River | 20 | | Salt Creek Workgroup
(DRSCW) to improve those three | 21 | | watersheds. The Agency shall
provide the DRSCW with a list | 22 | | of the NPDES permit fees
described under this Section each | 23 | | year after these fees are
invoiced and, 60 days following | 24 | | receipt of said list, the
DRSCW shall notify the Agency of | 25 | | the NPDES facilities and fees
which are tributary to the | 26 | | DRSCW watersheds and, therefore,
subject to this pilot |
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| 1 | | grant program. The location of the point
of discharge into | 2 | | the receiving stream shall determine the
tributary | 3 | | watershed for those NPDES permit facilities having
one | 4 | | point of discharge. For those NPDES permit facilities
| 5 | | having more than one point of discharge, such as a | 6 | | municipal
storm water system, the tributary watershed | 7 | | shall be the
watershed that receives the majority of the | 8 | | permitted flow. | 9 | | (2) The recommendation of the DRSCW shall be required
| 10 | | for such projects as long as the DRSCW is certified by the
| 11 | | Agency as a Certified Local Watershed Organization (CLWO) | 12 | | as
provided herein. The funds directed into the grant | 13 | | program
shall only be used for the purposes designated | 14 | | herein. If the
DRSCW fails to maintain designation as a | 15 | | CLWO for any year,
the funds in the grant program for that | 16 | | year may be utilized
for other clean water purposes, as | 17 | | determined by the Agency.
If the total cost of all projects | 18 | | recommended by the DRSCW for
any year is less than the | 19 | | funds available in the grant
program, all such remaining | 20 | | funds in the grant program for
that year shall be carried | 21 | | over to the next year. | 22 | | (3) All projects receiving grants from the Agency must
| 23 | | be recommended by the DRSCW, in accordance with a project
| 24 | | prioritization process and annual prioritized projects | 25 | | list.
Persons desiring to obtain a grant for a DRSCW | 26 | | recommended
project must submit an application to the |
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| 1 | | Agency and DRSCW,
with a commitment to provide at least a | 2 | | 40% project match. All
grants shall be in the amount of 60% | 3 | | of eligible project
costs, although the Agency and DRSCW | 4 | | can mutually agree to a
lower grant participation | 5 | | percentage, and a corresponding
higher local match, for any | 6 | | year based on project applications
received. The DRSCW may | 7 | | submit applications for projects and
DRSCW member dues may | 8 | | be used to satisfy the local match
requirement for said | 9 | | projects. Funds from other grant
programs, including | 10 | | Section 319 grant funds, may be used to
meet the local | 11 | | match requirement for this program. | 12 | | (4) Eligible projects must improve stream quality by
| 13 | | enhancing habitat, reducing stream bank erosion, providing
| 14 | | protective riparian areas, implementing green | 15 | | infrastructure
or best management practices (BMPs) and | 16 | | other appropriate
means. | 17 | | (5) In order to receive designation as a CLWO from the
| 18 | | Agency, a local watershed organization must submit
| 19 | | documentation of the following items to the Agency by | 20 | | January
15 of each year: | 21 | | (i) most recent audit report, if applicable; | 22 | | (ii) most recent U.S. income tax return; | 23 | | (iii) most recent Illinois income tax return; | 24 | | (iv) notification of tax exempt status from | 25 | | the
U.S. Internal Revenue Service; | 26 | | (v) registration with the Illinois Secretary |
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| 1 | | of
State; | 2 | | (vi) most recent annual report filed with the
| 3 | | Illinois Secretary of State; | 4 | | (vii) bylaws which require that all officers | 5 | | of
the organization must be an employee or
officer | 6 | | of a public agency holding an NPDES
permit for a | 7 | | discharge from a publicly owned
treatment works or | 8 | | from a public separate
storm sewer system; | 9 | | (viii) a map depicting the watershed(s) for | 10 | | which
the CLWO designation is requested; | 11 | | (ix) a diverse membership representing a | 12 | | cross-section of stakeholders within the | 13 | | watershed; | 14 | | (x) a process to develop consensus on group
| 15 | | activities; | 16 | | (xi) stable and ongoing revenues to fund group
| 17 | | activities; | 18 | | (xii) a stream monitoring program appropriate | 19 | | to
the watershed and adequate to identify and
| 20 | | prioritize stream improvement projects and
to | 21 | | evaluate the effectiveness of implemented
| 22 | | projects; | 23 | | (xiii) a process to identify and prioritize | 24 | | stream
improvement projects; | 25 | | (xiv) an annual prioritized list of stream
| 26 | | improvement projects; and |
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| 1 | | (xv) an application fee of $1,500.00. | 2 | | The Agency may request additional
information and conduct | 3 | | such inquiries as it
deems appropriate. If the Agency has not | 4 | | issued a
written denial of a request for CLWO designation
by | 5 | | April 15, then the CLWO designation is
considered approved for | 6 | | that year. The Agency may
deny CLWO designation to an | 7 | | organization that
does not meet the above requirements. The | 8 | | Agency
shall only approve one CLWO designation for a
watershed. | 9 | | (6) The Agency shall adopt rules, within 18 months, to
| 10 | | establish the grant program. The Agency shall utilize | 11 | | interim
procedures to award project grants pending the | 12 | | adoption of
final rules. | 13 | | (7) At the completion of the first five years of the
| 14 | | pilot grant program, and every five years thereafter, the
| 15 | | DRSCW shall prepare and submit to the Agency a report
| 16 | | detailing all projects completed under the program, | 17 | | including
the amounts of grant funding and local matching | 18 | | funding and an
assessment of the improvements to the | 19 | | quality of each of the
three watersheds within the DRSCW. | 20 | | (8) All fees collected by the Agency under this
Section | 21 | | shall be deposited into the Illinois Local Watershed
Fund, | 22 | | which is hereby created as a special fund in the State
| 23 | | treasury. Investment earnings on moneys held in the Fund | 24 | | shall
be credited to the Fund. | 25 | | (Source: P.A. 95-516, eff. 8-28-07; 96-245, eff. 8-11-09.)
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