415 ILCS 5/17.7
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title IV - Public Water Supplies

 (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 shall determine the fee  for participating in the laboratory fee program for analytical services. The  Agency 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.(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 meet at the call  of the Director or the Chairperson of the Council.  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 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. 97-220, eff. 7-28-11.)