AUTHORITY: Implementing and authorized by Section 17.7 of the Environmental Protection Act [415 ILCS 5/17.7].

SOURCE: Adopted at 14 Ill. Reg. 2045, effective January 18, 1990; amended at 19 Ill. Reg. 12648, effective August 24, 1995; amended at 33 Ill. Reg. 7072, effective May 13, 2009; amended at 38 Ill. Reg. 13881, effective June 20, 2014; amended at 47 Ill. Reg. 418, effective December 29, 2022.

SUBPART A: GENERAL

 

Section 691.101  Purpose and Applicability

 

a)         The purpose of this Part is to establish procedures for participation by community water supplies in the Agency's drinking water analysis program and for the determination and collection of fees for participation in the Program.

 

b)         This Part applies to community water supplies. Each community water supply in the State must declare its intention to participate or not participate in the Agency's drinking water analysis program, as authorized by Section 691.105(a)(2) and (b)(1).

 

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.102  Definitions

 

a)         Unless specified otherwise, all terms shall have the meaning set forth in the Act.

 

b)         For purposes of this Part, the following definitions apply:

 

"Act" means the Environmental Protection Act [415 ILCS 5].

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Board" means the Illinois Pollution Control Board.

 

"Certified laboratory" means any laboratory approved by the Agency pursuant to 35 Ill. Adm. Code 183, or other department or agency of State government, if such authority is delegated for the specific parameters to be examined, pursuant to Section 4(n) or (o) of the Act.

 

"Community water supply" or "supply" means a public water supply which serves or is intended to serve at least 15 service connections used by residents or regularly serves at least 25 residents.  (Section 3.145 of the Act)

 

"Council" means the Community Water Supply Testing Council established by Section 17.7(f) of the Act.

 

"Drinking water analysis program" or "Program" means the laboratory analysis of community water supplies by the Agency for any community water supply that declares its intention to participate or not participate, as authorized by Section 691.105(a)(2) and (b)(1) and pays the fees established pursuant to Subpart B of this Part.

 

"Laboratory testing" means the analysis of drinking water by the Agency required under 35 Ill. Adm. Code Subtitle F and federal regulations established under the Safe Drinking Water Act (42 USC 300f).

 

"Program participation fee" or "fee" means the amount due from the community water supply for analytical services under the Program.

 

"Public water supply" or "PWS" means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year.  A public water supply is either a "community water supply" or a "non-community water supply".  (Section 3.365 of the Act)

 

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.103  Payment of Annual Testing Fee Required Prior to Laboratory Testing by the Agency (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 12648, effective August 24, 1995)

 

Section 691.104   Period of Program Participation

 

Except as provided by Section 691.105(b), each community water supply shall participate in the Program.

 

(Source:  Amended at 47 Ill. Reg. 418, effective December 29, 2022)

 

Section 691.105  Participation in the Program

 

a)         Notification and Participation

 

1)         No later than 90 days before the beginning of a new program participation period, the Agency will notify each community water supply of the new participation period dates and the supply's options for participation in the Program during the State's program participation period.  This Agency notification will:

 

A)        inform the community water supply of the fee for Program participation that has been determined as provided in Subpart B of this Part; and

 

B)        define the beginning and ending of the community water supply's program participation period.

 

2)         Within 45 days after issuance of notice under subsection (a)(1), each community water supply must indicate its intention to participate in the Program during the State's program participation period by notifying the Agency, using the election form provided by the Agency.

 

3)         Community water supplies that do not submit an election form under subsection (a)(2) or (b)(1) must have their drinking water analyses performed by a certified laboratory operated by an entity other than the Agency.

 

b)         Notification and Nonparticipation

 

1)         Any community water supply electing to not participate in the Program during the State's program participation period must notify the Agency, using the election form provided by the Agency, within 45 days after issuance of the notice under subsection (a)(1).

 

2)         Community water supplies that do not submit an election form under subsection (a)(2) or (b)(1) must have their drinking water analyses performed by a certified laboratory operated by an entity other than the Agency.

 

c)         No Program participation fee shall be due from any community water supply that duly notifies the Agency of its nonparticipation as required by subsection (b)(1).

 

d)         If the community water supply declares its nonparticipation in the Program, fails to pay the required fees, or does not submit an election form under subsection (a)(2) or (b)(1), the Agency shall not perform any laboratory testing for the supply during the Program participation period unless the services are otherwise paid for.

 

e)         Community water supplies that choose not to participate in the laboratory fee program, do not pay the fees, or do not return the election form, shall have the duty to analyze all drinking water samples as required by State or federal safe drinking water regulations established after enactment of the federal Safe Drinking Water Act Amendments of 1986.  (Section 17.7 of the Act).

 

(Source:  Amended at 47 Ill. Reg. 418, effective December 29, 2022)

 

Section 691.106  Relation to Other Fee Systems (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 12648, effective August 24, 1995)

 

Section 691.107  Severability

 

If any provision of this Part or the application thereof to any person or in any circumstances is adjudged invalid, such adjudication shall not affect the validity of this Part as a whole or any provision thereof not adjudged invalid.

SUBPART B: PROGRAM PARTICIPATION FEES

 

Section 691.200  Fee Payment

 

a)         Community water supplies must pay all annual fees due under this Part prior to the initiation of any laboratory testing by the Agency.

 

b)         Payment of fees under this Part does not entitle a community water supply to any analytical services other than those provided by the Program.

 

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.201  Calculation of Fee

 

The Agency shall determine the fee for participating in the laboratory fee program for analytical services.  The Agency shall base its annual fee determination upon the actual and anticipated costs for testing under State and federal drinking water regulations and the associated administrative costs of the Agency and the Council.  (Section 17.7(b) of the Act)

                                                                                                             

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.202  Annual Testing Fee After Calendar Year 1990 (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 12648, effective August 24, 1995)

 

Section 691.203  Determining the Number of Service Connections (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 13881, effective June 20, 2014)

SUBPART C: PROCEDURES FOR BILLING AND COLLECTING PROGRAM PARTICIPATION FEES

 

Section 691.301  Fee Statements

 

The Agency shall send a fee statement to each community water supply with the notice for Program participation provided pursuant to Section 691.105(a)(1).

 

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.302  Payment

 

Program participation fees shall be paid within 45 days after issuance of the fee statement to the community water supply. Fee payments must accompany the election form submitted pursuant to Section 691.105(a)(2).

 

(Source:  Amended at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.303  Form of Payment

 

a)         Payment of Program participation fees may be by check or money order payable to "Illinois EPA" and must be accompanied by the name of the community water supply and the facility identification number assigned by the Agency's Division of Public Water Supplies.

 

b)         Electronic payments can be made using the ePay Illinois system, located at the following link: https://magic.collectorsolutions.com/magic-ui/en-US/Login/illinois-epa

 

c)         Payment if not made electronically must be mailed to:

 

Illinois Environmental Protection Agency Laboratory (MC#22)

825 North Rutledge, 4^th Floor

Springfield, Illinois  62702

 

d)         Payment must not include any fees due to the Agency for any purpose other than participation in the Program.

 

e)         Any fee remitted to the Agency will not be refunded at any time or for any reason, either in whole or in part.  However, if the Agency determines that a program participant has overpaid, that participant will receive a credit toward payment of fees during the next participation period.

 

(Source:  Amended at 47 Ill. Reg. 418, effective December 29, 2022)

 

Section 691.304  Prohibition Against Refund (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 12648, effective August 24, 1995)

 

Section 691.305  Overpayment or Underpayment of Program Participation Fee

 

a)         If the amount remitted is more than the amount due under this Part, the community water supply's account shall be credited by the amount of the overpayment.

 

b)         If the amount remitted is less than the amount due under this Part, the community water supply will be billed for the balance due.

 

(Source:  Amended at 19 Ill. Reg. 12648, effective August 24, 1995)

 

Section 691.306  Audit and Access to Records (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 13881, effective June 20, 2014)

SUBPART D: DISPUTE RESOLUTION PROCEDURES

 

Section 691.401  Council's Non-Concurrence With the Agency Fee Determination (Repealed)

 

 (Source:  Repealed at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.403  Dispute Resolution (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 13881, effective June 20, 2014)

 

Section 691.APPENDIX A  Agreement for Reduced Participation in Sample Analysis (Repealed)

 

(Source:  Repealed at 19 Ill. Reg. 12648, effective August 24, 1995)