Bill Text: IL HB0629 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Environmental Protection Act. Sets the fee for NPDES construction site storm water permits at $500. Prohibits the imposition of a NPDES construction site storm water permit fee on any person for storm water discharges from a construction site that is smaller than 5 acres. Effective July 1, 2009.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0245 [HB0629 Detail]

Download: Illinois-2009-HB0629-Enrolled.html

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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 Section 12.5 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, except when a fee is not due

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because of the operation of subsection (c), 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 NPDES
permit or for activity under a new 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 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.
Beginning January 1, 2010, in In the case of construction
site storm water stormwater discharges for which a coverage
letter under a general new NPDES permit or individual NPDES
permit has been is issued or for which the application for

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coverage under an NPDES permit has been filed with the Agency
during the months of January through June, no annual fee shall
be due after payment of an initial annual fee in the amount
provided in subsection (e)(10) of this Section. 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:

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(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

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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

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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.
(10) for NPDES permits for construction site storm
water, the fee
(A) for applications received before January 1,
2010 is $500;
(B) for applications received on or after January
1, 2010 is:
(i) $250 if less than 5 acres are disturbed;
and
(ii) $750 if 5 or more acres are disturbed.
(f) The annual fee for activities under a permit that

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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.

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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. 95-516, eff. 8-28-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.