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91_SB0948
LRB9105658ACtm
1 AN ACT concerning environmental protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.490 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Illinois Clean Water Fund.
8 Section 10. The Environmental Protection Act is amended
9 by adding Sections 3.95, 3.96, 3.97, 12.5, and 12.6 as
10 follows:
11 (415 ILCS 5/3.95 new)
12 Sec. 3.95. Sludge user. "Sludge user" means a person
13 who obtains sludge from a generator for application on his or
14 her land or land under his or her control.
15 (415 ILCS 5/3.96 new)
16 Sec. 3.96. Construction site. "Construction site" means
17 a site associated with storm water discharge where
18 construction activity listed in 40 C.F.R. 122.26(b)(14)(x)
19 takes place.
20 (415 ILCS 5/3.97 new)
21 Sec. 3.97. Industrial activity. "Industrial activity"
22 means an activity associated with storm water discharge
23 listed under 40 C.F.R 122.26(b)(14)(i)-(ix) and (b)(14)(xi).
24
25 (415 ILCS 5/12.5 new)
26 Sec. 12.5. NPDES permit fees.
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1 (a) Beginning January 1, 2000, the Agency shall collect
2 annual fees in the amount set forth in subsection (c) of this
3 Section for all discharges that require an NPDES permit under
4 subsection (f) of Section 12 from each discharger holding an
5 NPDES permit authorizing those discharges.
6 (b) Each discharger required to pay a fee under this
7 Section shall submit the fee to the Agency on the first day
8 of January following the effective date of the NPDES permit
9 and the first day of January of each succeeding year that the
10 NPDES permit remains in effect. The fee will be based on the
11 NPDES permit that is in effect upon the date the fee is due.
12 Failure to submit the required fees in a timely manner
13 constitutes a violation of the NPDES permit and this Act. In
14 addition, the discharger shall pay an interest penalty of 2%
15 of the amount due for each month or fraction of a month that
16 the fee is late. The interest penalty shall not exceed 24%
17 of the amount due.
18 (c) The amount of the annual fees applicable to NPDES
19 permits are as follows:
20 (1) A base fee of $400 for dischargers whose design
21 average flow is less than or equal to 1 million gallons
22 per day and $1,000 for dischargers whose design average
23 flow is greater than 1 million gallons per day.
24 (2) A $150 fee shall be required for any NPDES
25 permit for publicly owned treatment works or other sewage
26 discharges, and for discharges of waste water from the
27 production of potable water, with a design average flow
28 of less than 0.1 million gallons per day.
29 (3) A fee of $1,500 per million gallons per day of
30 design flow shall be required for any NPDES permit for
31 publicly owned treatment works or other sewage
32 discharges, and for discharges of waste water from the
33 production of potable water, with a design average flow
34 greater than or equal to 0.1 million gallons per day but
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1 less than or equal to 10.0 million gallons per day.
2 (4) A $15,000 fee shall be required for any NPDES
3 permit for publicly owned treatment works or sewage
4 discharges, and for discharges of waste water from the
5 production of potable water, with a design average flow
6 greater than 10 million gallons per day.
7 (5) A $500 fee shall be required for any NPDES
8 permit for an industrial discharger with a design average
9 flow of less than 1 million gallons per day where the
10 NPDES permit does not limit toxic pollutants as listed in
11 40 C.F.R. 122 Appendix D, Tables 2 and 3.
12 (6) A $4,000 fee shall be required for any NPDES
13 permit for an industrial discharger with a design average
14 flow of less than 1.0 million gallons per day where the
15 NPDES permit limits toxic pollutants as listed in 40 C.F.
16 R. 122 Appendix D, Tables 2 and 3.
17 (7) A $10,000 fee shall be required for any NPDES
18 permit for an industrial discharger with a design average
19 flow equal to or greater than 1 million gallons per day
20 where the NPDES permit does not limit toxic pollutants as
21 listed in 40 C.F.R. 122 Appendix D, Tables 2 and 3.
22 (8) A $15,000 fee shall be required for any NPDES
23 permit for an industrial discharger with a design average
24 flow equal to or greater than 1 million gallons per day
25 where the NPDES permit limits toxic pollutants as listed
26 in 40 C.F.R. 122 Appendix D, Tables 2 and 3.
27 (9) A $1,000 fee shall be required for any NPDES
28 permit for coal mines.
29 (10) A $500 fee shall be required for any NPDES
30 permit for mines other than coal.
31 (11) A fee of $30 dollars per acre of disturbed
32 area at the project site shall be required for any NPDES
33 storm water permit for construction sites where the
34 disturbed area at the project site is less than 10 acres.
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1 (12) A $1,500 fee shall be required for any NPDES
2 storm water permit for construction sites where the
3 disturbed area at the project site is equal to or greater
4 than 10 acres.
5 (13) A $200 fee shall be required for any NPDES
6 storm water industrial activity permit.
7 (14) A $200 fee shall be required for any NPDES
8 permit for combined sewer overflows for municipalities
9 having a population equal to or less than 5,000.
10 (15) A fee of $200 per combined sewer overflow
11 point shall be required for municipalities having a
12 population greater than 5,000.
13 (16) A fee equal to the amount specified in this
14 subsection (c) shall be required from any general NPDES
15 permit discharger, as described in subsection (b) of
16 Section 39, if an annual fee would have been required for
17 an individual permit under this Section.
18 (d) More than one of the annual fees specified in
19 subsection (c) may be applicable to a permit holder and these
20 fees are in addition to any other fees required under this
21 Act.
22 (e) All annual fees collected by the Agency under this
23 Section shall be deposited into the Illinois Clean Water Fund
24 in accordance with subsection (h) below.
25 (f) No fee shall be due under this Section from any
26 department, agency, or unit of State government.
27 (g) The Agency may establish procedures relating to the
28 collection of fees under this Section. The Agency shall not
29 refund any fee paid to it under this Section.
30 (h) There is hereby created in the State Treasury a
31 special fund to be known as the Illinois Clean Water Fund.
32 All fees collected by the Agency pursuant to this Section
33 shall be deposited into the Fund. Subject to appropriation,
34 the monies from this Fund shall be used by the Agency to
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1 perform duties related to watershed planning, water quality
2 improvement, and NPDES permitting activities. Monies from
3 this Fund are not to be transferred to the General Revenue
4 Fund. Interest on the monies deposited in the Fund shall be
5 returned to the Fund.
6 (415 ILCS 5/12.6 new)
7 Sec. 12.6. Sludge generator fees.
8 (a) Beginning January 1, 2000, the Agency shall collect
9 annual fees in the amount set forth in subsection (c) from
10 any sludge generator or user who holds a permit for sites
11 receiving sludge for land application under subsections (b)
12 or (f) of Section 12 or regulations implementing those
13 subsections.
14 (b) Each person required to pay a fee under this Section
15 shall submit the amount of the fee to the Agency on the first
16 day of January following the effective date of the permit and
17 the first day of January of each succeeding year that the
18 permit remains in effect. Failure to submit the required
19 fees in a timely manner constitutes a violation of the permit
20 and this Act. In addition, the discharger shall pay an
21 interest penalty of 2% of the amount due for each month or
22 fraction of a month that the fee payment is late. The
23 interest penalty shall not exceed 24% of the amount due.
24 (c) The amounts of the annual fees are as follows:
25 (1) A $150 fee shall be required for land
26 application of sludge where the design average waste
27 water flow is less than 0.1 million gallons per day.
28 (2) A fee of $1,500 per million gallons per day of
29 design average waste water flow shall be required for any
30 permit for land application of sludge where the design
31 average waste water flow is greater than 0.1 million
32 gallons per day, but less than 10 million gallons per
33 day.
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1 (3) A $15,000 fee shall be required for any permit
2 for land application of sludge where the design average
3 waste water flow is greater than 10 million gallons per
4 day.
5 (4) A $500 fee shall be required for any permit for
6 land application of sludge for a sludge user that
7 receives less than 100 dry tons of sludge per year.
8 (5) A fee of $5 per dry ton received shall be
9 required for any permit for land application of sludge
10 for a sludge user that receives more than 100 dry tons
11 per year, but less than 1,000 dry tons of sludge per
12 year.
13 (6) A $5,000 fee shall be required for any permit
14 for land application of sludge for a sludge user that
15 receives 1,000 or more dry tons of sludge per year.
16 (7) A $500 fee shall be required for mines, other
17 than coal mines, that require permits under subsection
18 (b) of Section 12 of this Act.
19 (d) All fees required under this Section shall be in
20 addition to the fees required under Section 12.3 for NPDES
21 permits that contain sludge management plans for land
22 application of sludge authorized under subsection (f) of
23 Section 12 or regulations adopted under that subsection,
24 regardless of whether the sludge management plans are
25 contained in State operating permits of NPDES permits.
26 (e) All fees collected by the Agency under this Section
27 shall be deposited into the Illinois Clean Water Fund in
28 accordance with subsection (h) of Section 12.5.
29 (f) No fee shall be due under this Section from any other
30 department, agency, or unit of State government.
31 (g) The Agency may establish procedures relating to the
32 collection of fees under this Section.
33 Section 99. Effective date. This Act takes effect upon
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1 becoming a law.