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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0543 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
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| | Amends the Environmental Protection Act. Makes a technical change in a Section concerning NPDES discharge fees.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Environmental Protection Act is amended by |
| 5 | | changing Section 12.5 as follows:
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| 6 | | (415 ILCS 5/12.5)
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| 7 | | Sec. 12.5. NPDES discharge fees; sludge permit fees.
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| 8 | | (a) Beginning July 1, 2003, the
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.
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| 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.
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| 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.
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| 12 | | (c) The initial annual fee for discharges under a new NPDES
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| 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.
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| 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.
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| 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.
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| 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
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| 8 | | increase, prorated for the number of months remaining before |
| 9 | | the next July 1,
before the modification is granted.
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| 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.
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| 17 | | (e) The annual fees applicable to discharges under NPDES |
| 18 | | permits are as
follows:
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| 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
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| 23 | | supply treatment facilities, the fee is:
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| 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;
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| 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
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| 5 | | 100,000 gallons per day but less than 500,000 gallons |
| 6 | | per day;
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| 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;
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| 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;
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| 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
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| 16 | | (vi) $50,000 for facilities with a Design Average |
| 17 | | Flow rate of
10,000,000 gallons per day or more.
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| 18 | | (2) For NPDES permits for treatment works or sewer |
| 19 | | collection systems
that include combined sewer overflow |
| 20 | | outfalls, the fee is:
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| 21 | | (i) $1,000 for systems serving a tributary |
| 22 | | population of 10,000 or less;
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| 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
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| 26 | | (iii) $20,000 for systems serving a tributary |
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| 1 | | population that is greater
than 25,000.
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| 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.
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| 6 | | (3) For NPDES permits for mines producing coal, the fee |
| 7 | | is $5,000.
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| 8 | | (4) For NPDES permits for mines other than mines |
| 9 | | producing coal, the fee
is $5,000.
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| 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:
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| 13 | | (i) $1,000 for a facility with a Design Average |
| 14 | | Flow rate that is not
more than 10,000 gallons per day;
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| 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
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| 18 | | (iii) $10,000 for a facility with a Design Average |
| 19 | | Flow rate that is
more than 100,000 gallons per day.
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| 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:
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| 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
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| 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.
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| 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:
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| 6 | | (i) $30,000 for a facility where toxic substances |
| 7 | | are not regulated; and
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| 8 | | (ii) $50,000 for a facility where toxic substances |
| 9 | | are regulated.
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| 10 | | (8) For NPDES permits for municipal separate storm |
| 11 | | sewer systems, the fee
is $1,000.
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| 12 | | (9) For NPDES permits for industrial storm water,
the |
| 13 | | fee is $500.
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| 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 | | (11) For an NPDES permit for a Concentrated Animal |
| 24 | | Feeding Operation (CAFO), the fee is: |
| 25 | | (A) $750 for a Large CAFO, as defined in 40 C.F.R. |
| 26 | | 122.23(b)(4); |
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| 1 | | (B) $350 for a Medium CAFO, as defined in 40 C.F.R. |
| 2 | | 122.23(b)(6); and |
| 3 | | (C) $150 for a Small CAFO, as defined in 40 C.F.R. |
| 4 | | 122.23(b)(9). |
| 5 | | (f) The annual fee for activities under a permit that |
| 6 | | authorizes applying
sludge on land is $2,500 for a sludge |
| 7 | | generator permit and $5,000 for a sludge
user permit.
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| 8 | | (g) More than one of the annual fees specified in |
| 9 | | subsections (e) and (f)
may be applicable to a permit holder. |
| 10 | | These fees are in addition to any other
fees required under |
| 11 | | this Act.
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| 12 | | (h) The fees imposed under this Section do not apply to the |
| 13 | | State or any
department or agency of the State, nor to any |
| 14 | | school district, or to any private sewage disposal system as |
| 15 | | defined in the Private Sewage Disposal Licensing Act (225 ILCS |
| 16 | | 225/).
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| 17 | | (i) The Agency may adopt rules to administer the fee |
| 18 | | program established
in this Section. The Agency may include |
| 19 | | provisions pertaining to invoices,
notice of late payment, |
| 20 | | refunds, and disputes concerning the amount or timeliness of
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| 21 | | payment. The Agency may set forth procedures and criteria for |
| 22 | | the acceptance
of payments. The absence of such rules does not |
| 23 | | affect the duty of the Agency
to immediately begin the |
| 24 | | assessment and collection of fees under this Section.
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| 25 | | (j) All fees and interest penalties collected by the Agency |
| 26 | | under this
Section shall be deposited into the Illinois Clean |
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| 1 | | Water Fund, which is
hereby created as a special fund in the |
| 2 | | State treasury. Gifts,
supplemental environmental project |
| 3 | | funds, and grants may be deposited into
the Fund. Investment |
| 4 | | earnings on moneys held in the Fund shall be credited
to the |
| 5 | | Fund.
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| 6 | | Subject to appropriation, the moneys in the Fund shall be |
| 7 | | used by the
Agency to carry out the Agency's clean water |
| 8 | | activities.
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| 9 | | (k) Except as provided in subsection (l) or Agency rules, |
| 10 | | fees paid to the Agency under this Section are not refundable.
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| 11 | | (l) The Agency may refund the difference between (a) the |
| 12 | | amount paid by any person under subsection (e)(1)(i) or |
| 13 | | (e)(1)(ii) of this Section for the 12 months beginning July 1, |
| 14 | | 2004 and (b) the amount due under subsection (e)(1)(i) or |
| 15 | | (e)(1)(ii) as established by this amendatory Act of the 93rd |
| 16 | | General Assembly.
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| 17 | | (Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
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