415 ILCS 5/17.7

(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 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