415 ILCS 5/12.5
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title III - Water Pollution

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  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 the case of construction site storm water discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for which the application for coverage under an NPDES permit has been filed with the Agency, no annual fee shall be due after payment of an initial annual fee in the amount provided in subsection (e)(10) of this Section.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 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.(11) For an NPDES permit for a Concentrated Animal     Feeding Operation (CAFO), the fee is:(A) $750 for  a  Large CAFO, as defined in 40         C.F.R. 122.23(b)(4);(B) $350 for a Medium CAFO, as defined in 40         C.F.R. 122.23(b)(6); and(C) $150 for a Small CAFO, as defined in 40         C.F.R. 122.23(b)(9).(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