|
|
||||
| Public Act 095-0516 |
||||
| ||||
| ||||
AN ACT concerning safety.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Environmental Protection Act is amended by | ||||
changing Sections 12.5 and 12.6 as follows:
| ||||
(415 ILCS 5/12.5)
| ||||
Sec. 12.5. NPDES discharge fees; sludge permit fees.
| ||||
(a) Beginning July 1, 2003, the Agency shall assess and | ||||
collect annual fees
(i) in the amounts set forth in subsection | ||||
(e) for all discharges that require
an NPDES permit under | ||||
subsection (f) of Section 12, from each person holding an
NPDES | ||||
permit authorizing those discharges (including a person who | ||||
continues to
discharge under an expired permit pending | ||||
renewal), and (ii) in the amounts
set forth in subsection (f) | ||||
of this Section for all activities that require a
permit under | ||||
subsection (b) of Section 12, from each person holding a | ||||
domestic
sewage sludge generator or user permit.
| ||||
Each person subject to this Section must remit the | ||||
applicable annual fee to
the Agency in accordance with the | ||||
requirements set forth in this Section and
any rules adopted | ||||
pursuant to this Section.
| ||||
(b) Within 30 days after the effective date of this | ||||
Section, and each year thereafter, the Agency shall send a fee | ||||
notice by mail
to each existing permittee subject to a fee | ||
under this Section at his or her
address of record. The notice | ||
shall state the amount of the applicable annual
fee and the | ||
date by which payment is required.
| ||
Except as provided in subsection (c) with respect to | ||
initial fees under
new permits and certain modifications of | ||
existing permits, fees payable under
this Section are due by | ||
the date
specified in the fee notice, which shall be no less | ||
than 30 days after the date
the fee notice is mailed by the | ||
Agency.
| ||
(c) The initial annual fee for discharges under a new | ||
individual NPDES
permit or for activity under a new individual
| ||
sludge generator or sludge user
permit must be remitted to the | ||
Agency prior to the issuance of the permit.
The Agency shall | ||
provide notice of the amount of the fee to the applicant
during | ||
its review of the application. In the case of a new individual
| ||
NPDES
or sludge permit issued during the months of January | ||
through June, the Agency
may prorate the initial annual fee | ||
payable under this Section.
| ||
The initial annual fee for discharges or other activity | ||
under a general
NPDES permit must be remitted to the Agency as | ||
part of the application
for coverage under that general permit.
| ||
In the case of construction site stormwater discharges for | ||
which a new NPDES permit is issued during the months of January | ||
through June, 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.
| ||
If a requested modification to an existing NPDES permit | ||
causes a change in
the applicable fee categories under | ||
subsection (e) that results in an increase
in the required fee, | ||
the permittee must pay to the Agency the amount of the
| ||
increase, prorated for the number of months remaining before | ||
the next July 1,
before the modification is granted.
| ||
(d) Failure to submit the fee required under this Section | ||
by the due
date constitutes a violation of this Section. Late | ||
payments shall incur an
interest penalty, calculated at the | ||
rate in effect from time to time for tax
delinquencies under | ||
subsection (a) of Section 1003 of the Illinois Income Tax
Act, | ||
from the date the fee is due until the date the fee payment is | ||
received
by the Agency.
| ||
(e) The annual fees applicable to discharges under NPDES | ||
permits are as
follows:
| ||
(1) For NPDES permits for publicly owned treatment | ||
works, other
facilities for which the wastewater being | ||
treated and discharged is primarily
domestic sewage, and | ||
wastewater discharges from the operation of public water
| ||
supply treatment facilities, the fee is:
| ||
(i) $1,500 for the 12 months beginning July 1, 2003 | ||
and $500 for each subsequent year, for facilities with | ||
a Design Average Flow rate of less than
100,000 gallons | ||
per day;
| ||
(ii) $5,000 for the 12 months beginning July 1, | ||
2003 and $2,500 for each subsequent year, for | ||
facilities with a Design Average Flow rate of at least
| ||
100,000 gallons per day but less than 500,000 gallons | ||
per day;
| ||
(iii) $7,500 for facilities with a Design Average | ||
Flow rate of at least
500,000 gallons per day but less | ||
than 1,000,000 gallons per day;
| ||
(iv) $15,000 for facilities with a Design Average | ||
Flow rate of at least
1,000,000 gallons per day but | ||
less than 5,000,000 gallons per day;
| ||
(v) $30,000 for facilities with a Design Average | ||
Flow rate of at least
5,000,000 gallons per day but | ||
less than 10,000,000 gallons per day; and
| ||
(vi) $50,000 for facilities with a Design Average | ||
Flow rate of
10,000,000 gallons per day or more.
| ||
(2) For NPDES permits for treatment works or sewer | ||
collection systems
that include combined sewer overflow | ||
outfalls, the fee is:
| ||
(i) $1,000 for systems serving a tributary | ||
population of 10,000 or less;
| ||
(ii) $5,000 for systems serving a tributary | ||
population that is greater
than 10,000 but not more | ||
than 25,000; and
| ||
(iii) $20,000 for systems serving a tributary | ||
population that is greater
than 25,000.
| ||
The fee amounts in this subdivision (e)(2) are in | ||
addition to the fees
stated in subdivision (e)(1) when the | ||
combined sewer overflow outfall is
contained within a | ||
permit subject to subsection (e)(1) fees.
| ||
(3) For NPDES permits for mines producing coal, the fee | ||
is $5,000.
| ||
(4) For NPDES permits for mines other than mines | ||
producing coal, the fee
is $5,000.
| ||
(5) For NPDES permits for industrial activity where | ||
toxic substances are
not regulated, other than permits | ||
covered under subdivision (e)(3) or (e)(4),
the fee is:
| ||
(i) $1,000 for a facility with a Design Average | ||
Flow rate that is not
more than 10,000 gallons per day;
| ||
(ii) $2,500 for a facility with a Design Average | ||
Flow rate that is more
than 10,000 gallons per day but | ||
not more than 100,000 gallons per day; and
| ||
(iii) $10,000 for a facility with a Design Average | ||
Flow rate that is
more than 100,000 gallons per day.
| ||
(6) For NPDES permits for industrial activity where | ||
toxic substances are
regulated, other than permits covered | ||
under subdivision (e)(3) or (e)(4), the
fee is:
| ||
(i) $15,000 for a facility with a Design Average | ||
Flow rate that is not
more than 250,000 gallons per | ||
day; and
| ||
(ii) $20,000 for a facility with a Design Average | ||
Flow rate that is
more than 250,000 gallons per day.
| ||
(7) For NPDES permits for industrial activity | ||
classified by USEPA as a
major discharge, other than | ||
permits covered under subdivision (e)(3) or (e)(4),
the fee | ||
is:
| ||
(i) $30,000 for a facility where toxic substances | ||
are not regulated; and
| ||
(ii) $50,000 for a facility where toxic substances | ||
are regulated.
| ||
(8) For NPDES permits for municipal separate storm | ||
sewer systems, the fee
is $1,000.
| ||
(9) For NPDES permits for construction site or | ||
industrial storm water,
the fee is $500.
| ||
(f) The annual fee for activities under a permit that | ||
authorizes applying
sludge on land is $2,500 for a sludge | ||
generator permit and $5,000 for a sludge
user permit.
| ||
(g) More than one of the annual fees specified in | ||
subsections (e) and (f)
may be applicable to a permit holder. | ||
These fees are in addition to any other
fees required under | ||
this Act.
| ||
(h) The fees imposed under this Section do not apply to the | ||
State or any
department or agency of the State, nor to any | ||
school district, or to any private sewage disposal system as | ||
defined in the Private Sewage Disposal Licensing Act (225 ILCS | ||
225/).
| ||
(i) The Agency may adopt rules to administer the fee | ||
program established
in this Section. The Agency may include | ||
provisions pertaining to invoices,
notice of late payment, | ||
refunds, and disputes concerning the amount or timeliness of
| ||
payment. The Agency may set forth procedures and criteria for | ||
the acceptance
of payments. The absence of such rules does not | ||
affect the duty of the Agency
to immediately begin the | ||
assessment and collection of fees under this Section.
| ||
(j) All fees and interest penalties collected by the Agency | ||
under this
Section shall be deposited into the Illinois Clean | ||
Water Fund, which is
hereby created as a special fund in the | ||
State treasury. Gifts,
supplemental environmental project | ||
funds, and grants may be deposited into
the Fund. Investment | ||
earnings on moneys held in the Fund shall be credited
to the | ||
Fund.
| ||
Subject to appropriation, the moneys in the Fund shall be | ||
used by the
Agency to carry out the Agency's clean water | ||
activities.
| ||
(k) Except as provided in subsection (l) or Agency rules, | ||
fees paid to the Agency under this Section are not refundable.
| ||
(l) The Agency may refund the difference between (a) the | ||
amount paid by any person under subsection (e)(1)(i) or | ||
(e)(1)(ii) of this Section for the 12 months beginning July 1, | ||
2004 and (b) the amount due under subsection (e)(1)(i) or | ||
(e)(1)(ii) as established by this amendatory Act of the 93rd | ||
General Assembly.
| ||
(Source: P.A. 93-32, eff. 7-1-03; 93-840, eff. 7-30-04.)
| ||
(415 ILCS 5/12.6)
| ||
Sec. 12.6. Certification fees.
| ||
(a) Beginning July 1, 2003, the Agency shall collect a fee | ||
in the amount
set forth in subsection (b) from each applicant | ||
for a state water quality
certification required by Section 401 | ||
of the federal Clean Water Act prior
to a federal authorization | ||
pursuant to Section 404 of that Act; except that
the fee does | ||
not apply to the State or any department or agency of the | ||
State,
nor to any school district.
| ||
(b) The amount of the fee for a State water quality | ||
certification is $350 or
1% of the gross value of the proposed | ||
project, whichever is greater, but not to
exceed $10,000.
| ||
(c) Each applicant seeking a federal authorization of an | ||
action requiring
a Section 401 state water quality | ||
certification by the Agency shall submit
the required fee to | ||
the Agency prior to the issuance of the certification
with the | ||
application. The Agency shall provide notice of the amount of | ||
the fee to the applicant during its review of the application. | ||
The Agency shall not issue a Section 401 state water quality | ||
certification until the appropriate fee has been received from | ||
the applicant.
The Agency shall deny an application
for which a | ||
fee is required under this Section, if the application does not
| ||
contain the appropriate fee.
| ||
(d) The Agency may establish procedures relating to the | ||
collection of fees
under this Section. Notwithstanding the | ||
adoption of any rules establishing
such procedures, the Agency | ||
may begin collecting fees under this Section on
July 1, 2003 | ||
for all complete applications received on or after that date.
| ||
All fees collected by the Agency under this Section shall | ||
be deposited
into the Illinois Clean Water Fund. Fees paid | ||
under this Section are not
refundable.
| ||
(Source: P.A. 93-32, eff. 7-1-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||