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Public Act 92-0147
SB394 Enrolled LRB9204377LBcsA
AN ACT concerning environmental protection.
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 17.7 and 17.8 as follows:
(415 ILCS 5/17.7) (from Ch. 111 1/2, par. 1017.7)
Sec. 17.7. Community water supply testing fee.
(a) The Agency shall collect an annual nonrefundable
testing fee from each community water supply for
participating in the laboratory fee program for analytical
services to determine compliance with contaminant levels
specified in State or federal drinking water regulations. A
community water supply may commit to participation in the
laboratory fee program. If the community water supply makes
such a commitment, it shall commit for a period consistent
with the participation requirements established by the Agency
and the Community Water Supply Testing Council (Council). If
a community water supply elects not to participate, it must
annually notify the Agency in writing of its decision not to
participate in the laboratory fee program.
(b) The Agency, with the concurrence of the Council,
shall determine the fee for participating in the laboratory
fee program for analytical services. The Agency, with the
concurrence of the Council, may establish multi-year
participation requirements for community water supplies and
establish fees accordingly. 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. By October 1 of each year, the Agency shall submit
its fee determination and supporting documentation for the
forthcoming year to the Council. Before the following January
1, the Council shall hold at least one regular meeting to
consider the Agency's determination. If the Council concurs
with the Agency's determination, it shall thereupon take
effect. The Agency and the Council may establish procedures
for resolution of disputes in the event the Council does not
concur with the Agency's fee determination.
(c) Community water supplies that choose not to
participate in the laboratory fee program or do not pay the
fees shall have the duty to analyze all drinking water
samples as required by State or federal safe drinking water
regulations established after the federal Safe Drinking Water
Act Amendments of 1986.
(d) There is hereby created in the State Treasury an
interest-bearing special fund to be known as the Community
Water Supply Laboratory Fund. All fees collected by the
Agency under this Section shall be deposited into this Fund
and shall be used for no other purpose except those
established in this Section. In addition to any monies
appropriated from the General Revenue Fund, monies in the
Fund shall be appropriated to the Agency in amounts deemed
necessary for laboratory testing of samples from community
water supplies, and for the associated administrative
expenses of the Agency and the Council.
(e) The Agency is authorized to adopt reasonable and
necessary rules for the administration of this Section. The
Agency shall submit the proposed rules for review by the
Council before submission of the rulemaking for the First
Notice under Section 5-40 of the Illinois Administrative
Procedure Act.
(f) The Director shall establish a Community Water
Supply Testing Council, consisting of 5 persons who are
elected municipal officials, 5 persons representing community
water supplies, one person representing the engineering
profession, one person representing investor-owned utilities,
one person representing the Illinois Association of
Environmental Laboratories, and 2 persons representing
municipalities and community water supplies on a statewide
basis, all appointed by the Director. Beginning in 1994, the
Director shall appoint the following to the Council: (i) 2
elected municipal officials, 2 community water supply
representatives, and 1 investor-owned utility representative,
each for a one-year term; (ii) 2 elected municipal officials
and 2 community water supply representatives, each for a 2
year term; and (iii) one elected municipal official, one
community water supply representative, one person
representing the engineering profession, and 2 persons
representing municipalities and community water supplies on a
statewide basis, each for a 3 year term. As soon as possible
after the effective date of this amendatory Act of the 92nd
General Assembly, the Director shall appoint one person
representing the Illinois Association of Environmental
Laboratories to a term of 3 years. Thereafter, the Director
shall appoint successors in each position to 3 year terms. In
case of a vacancy, the Director may appoint a successor to
fill the remaining term of the vacancy. Members of the
Council shall serve until a successor is appointed by the
Director. The Council shall select from its members a
chairperson and such other officers as it deems necessary.
The Council shall hold at least 2 regular meetings each year.
The Agency shall provide the Council with such supporting
services as the Director and the Chairperson may designate,
and members shall be reimbursed for ordinary and necessary
expenses incurred in the performance of their duties. The
Council shall have the following duties:
(1) to consider any fee determinations submitted by
the Agency pursuant to subsection (b) of this Section,
and to hold regular and special meetings at a time and
place designated by the Director or the Chairperson of
the Council;
(2) to consider appropriate means for long-term
financial support of water supply testing, and to make
recommendations to the Agency regarding a preferred
approach;
(3) to review and evaluate the financial
implications of current and future federal requirements
for monitoring of public water supplies;
(4) to review and evaluate management and financial
audit reports related to the testing program, and to make
recommendations regarding the Agency's efforts to
implement the fee system and testing provided for by this
Section;
(5) to require an external audit as may be deemed
necessary by the Council; and
(6) to conduct such other activities as may be
deemed appropriate by the Director.
(Source: P.A. 88-488.)
(415 ILCS 5/17.8)
Sec. 17.8. Environmental laboratory certification
assessment fee.
(a) Beginning January 1, 1996, The Agency shall collect
an annual administrative assessment of $350 from each
laboratory requesting certification for meeting the minimum
standards established under the authority of subsection (n)
of Section 4. The Agency also shall collect an annual a
certification assessment for each certification requested, as
listed below. Until the Agency and the Environmental
Laboratory Certification Committee establish administrative
and certification assessment schedules in accordance with the
procedures of subsections (c) and (d-5) of this Section, the
following assessment schedules shall remain in effect based
on the following schedule:
(1) For certification to conduct public water
supply analyses:
(A) $350 per year for inorganic parameters;
and
(B) $350 per year for organic parameters.
(2) For certification to conduct water pollution
analyses:
(A) $700 per year for inorganic parameters;
and
(B) $700 per year for organic parameters.
(3) For certification to conduct analyses of solid
or liquid samples for hazardous or other waste
parameters:
(A) $900 per year for inorganic parameters;
and
(B) $900 per year for organic parameters.
(4) An administrative assessment of $350 per year
from each laboratory requesting certification.
(b) Until the Agency and the Environmental Laboratory
Certification Committee establish administrative and
certification assessment schedules in accordance with the
procedures of subsections (c) and (d-5) of this Section, the
following payment schedules shall remain in effect. The
administrative assessment shall be paid at the time the
laboratory submits an application a request for certification
or renewal of certification and on the anniversary date of
the initial certification. The certification assessment
shall be paid at the time the laboratory submits an
application and on the anniversary date of the initial
certification. Assessments paid under this Section may not
be refunded.
(c) The Agency must may establish procedures relating to
the certification of laboratories, analyses of samples,
development of alternative assessment schedules, assessment
schedule dispute resolution, and collection of assessments.
No assessment for the certification of environmental
laboratories shall be due under this Section from any
department, agency, or unit of State government. No
assessments shall be due from, or any municipal government
for certification to conduct public water supply that
conducts analyses of samples from public water supplies. The
Agency's cost for certification of laboratories that are
exempt from the assessment shall be excluded from the
calculation of the alternative assessment schedules.
(d) All moneys collected by the Agency under this
Section shall be deposited into the Environmental Laboratory
Certification Fund, a special fund hereby created in the
State treasury. Subject to appropriation, the Agency shall
use the moneys in the Fund to pay expenses incurred in the
administration of laboratory certification duties. All
interest or other income earned from the investment of the
moneys in the Fund shall be deposited into the Fund.
(d-5) The Agency, with the concurrence with the
Environmental Laboratory Certification Committee, shall
determine the assessment schedules for participation in the
environmental laboratory certification program. The Agency,
with the concurrence of the Committee, shall base the
assessment schedules upon actual and anticipated costs for
certification under State and federal programs and the
associated costs of the Agency and Committee. On or before
August 1 of each year, the Agency shall submit its assessment
schedules determination and supporting documentation for the
forthcoming year to the Committee. Before the following
September 30, the Committee shall hold at least one regular
meeting to consider the Agency's assessment schedule
determination. If the Committee concurs with the Agency's
assessment schedule determination, it shall thereupon take
effect.
(e) The Director shall establish an Environmental
Laboratory Certification Committee consisting of (i) one
person representing accredited county or municipal public
water supply laboratories, (ii) one person representing the
Metropolitan Water Reclamation District of Greater Chicago,
(iii) one person representing accredited sanitary district or
waste water treatment plant laboratories, (iv) 3 persons
representing accredited environmental commercial laboratories
duly incorporated in the State of Illinois and employing 20
or more people, (v) 2 persons representing accredited
environmental commercial laboratories duly incorporated in
the State of Illinois employing less than 20 people, and (vi)
one person representing the Illinois Association of
Environmental Laboratories, all appointed by the Director.
If no accredited laboratories are available to fill one of
the categories under item (iv) or (v) then any laboratory
that has applied for accreditation may be eligible to fill
that position. Beginning in 2002, the Director shall appoint
3 members of the Committee for a one-year term, 3 members of
the Committee for 2-year terms, and 3 members of the
Committee for 3-year terms. Thereafter, all terms shall be
for 3 years. In the case of a vacancy, the Director may
appoint a successor to fill the remaining term of the
vacancy. Members of the Committee shall serve until a
successor is appointed by the Director. No member of the
Committee shall serve more than 2 consecutive 3-year terms.
The Committee shall select from its members a Chairperson and
any other officers that it deems necessary. The Committee
shall hold at least 2 regular meetings each year. The Agency
shall provide the Committee with any supporting services that
the Director and the Chairperson may designate. Members of
the Committee shall be reimbursed for ordinary and necessary
expenses incurred in the performance of their duties. The
Committee shall have the following duties:
(1) To consider any alternative assessment
schedules submitted by the Agency pursuant to subsection
(c) of this Section;
(2) To review and evaluate the financial
implications of current and future State and federal
requirements for certification of environmental
laboratories;
(3) To review and evaluate management and financial
audit reports relating to the certification program and
to make recommendations regarding the Agency's efforts to
implement alternative assessment schedules;
(4) To consider appropriate means for long-term
financial support of the laboratory certification program
and to make recommendations to the Agency regarding a
preferred approach;
(5) To provide technical review and evaluation of
the laboratory certification program;
(6) To hold regular and special meetings at a time
and place designated by the Director or the Chairperson
of the Committee; and
(7) To conduct any other activities as may be
deemed appropriate by the Director.
(Source: P.A. 89-368, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 08, 2001.
Approved July 24, 2001.
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