(415 ILCS 5/16.1) (from Ch. 111 1/2, par. 1016.1)
Sec. 16.1.
Permit fees.
(a) Except as provided in
subsection (f), the Agency shall collect a fee in the amount set forth in
subsection (d) from: (1) each applicant for a construction permit under this
Title, or regulations adopted hereunder, to install or extend water main;
and (2) each person who submits as-built plans under this Title, or
regulations adopted hereunder, to install or extend water main.
(b) Except as provided in subsection (c), each applicant or person
required to pay a fee under this Section shall submit the fee to the
Agency along with the permit application or as-built plans. The Agency
shall deny any construction permit application for which a fee is required
under this Section that does not contain the appropriate fee. The Agency
shall not approve any as-built plans for which a fee is required under this
Section that do not contain the appropriate fee.
(c) Each applicant for an emergency construction permit under this
Title, or regulations adopted hereunder, to install or extend a water main
shall submit the appropriate fee to the Agency within 10 calendar days from
the date of issuance of the emergency construction permit.
(d) The amount of the fee is as follows:
(1) $240 if the construction permit application is to |
| install or extend water main that is more than 200 feet, but not more than 1,000 feet in length;
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(2) $720 if the construction permit application is to
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| install or extend water main that is more than 1,000 feet but not more than 5,000 feet in length;
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(3) $1200 if the construction permit application is
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| to install or extend water main that is more than 5,000 feet in length.
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(e) Prior to a final Agency decision on a permit application for which a
fee has been paid under this Section, the applicant may propose
modifications to the application in accordance with this Act and
regulations adopted hereunder without any additional fee becoming due
unless the proposed modifications cause the length of water main to
increase beyond the length specified in the permit application before the
modifications. If the modifications cause such an increase and the
increase results in additional fees being due under subsection (d), the
applicant shall submit the additional fee to the Agency with the
proposed modifications.
(f) No fee shall be due under this Section from (1) any department, agency
or unit of State government for installing or extending a water main; (2)
any unit of local government with which the Agency has entered into a
written delegation agreement under Section 4 of this Act which allows such
unit to issue construction permits under this Title, or regulations adopted
hereunder, for installing or extending a water main; or (3) any unit of
local government or school district for installing or extending a water
main where both of the
following conditions are met: (i) the cost of the installation or
extension is paid wholly from monies of the unit of local government or
school district, State
grants or loans, federal grants or loans, or any combination thereof; and
(ii) the unit of local government or school district is not given
monies, reimbursed or paid,
either in whole or in part, by another person (except for State grants or
loans or federal grants or loans) for the installation or extension.
(g) The Agency may establish procedures relating to the collection of
fees under this Section. The Agency shall not refund any fee paid to it
under this Section.
(h) For the purposes of this Section, the term "water main" means any
pipe that is to be used for the purpose of distributing potable water which
serves or is accessible to more than one property, dwelling or rental unit,
and that is exterior to buildings.
(i) Notwithstanding any other provision of this Act, the Agency shall,
not later than 45 days following the receipt of both an application for a
construction permit and the fee required by this Section, either approve
that application and issue a permit or tender to the applicant a written
statement setting forth with specificity the reasons for the disapproval of
the application and denial of a permit. If there is no final action by the
Agency within 45 days after the filing of the application for a permit, the
applicant may deem the permit issued.
(Source: P.A. 93-32, eff. 7-1-03.)
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(415 ILCS 5/17) (from Ch. 111 1/2, par. 1017)
Sec. 17. Rules; chlorination requirements.
(a) The Board may adopt regulations governing the location, design,
construction, and continuous operation and maintenance of public water
supply installations, changes or additions which may affect the continuous
sanitary quality, mineral quality, or adequacy of the public water supply,
pursuant to Title VII of this Act.
(b) The Agency shall exempt from any mandatory chlorination requirement
of the Board any community water supply which meets all of the following
conditions:
(1) The population of the community served is not |
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(2) Has as its only source of raw water one or more
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| properly constructed wells into confined geologic formations not subject to contamination;
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(3) Has no history of persistent or recurring
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| contamination, as indicated by sampling results which show violations of finished water quality requirements, for the most recent five-year period;
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(4) Does not provide any raw water treatment other
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(5) Has an active program approved by the Agency to
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| educate water supply consumers on preventing the entry of contaminants into the water system;
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(6) Has a certified operator of the proper class, or
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| is an exempt community water supply, under the Public Water Supply Operations Act;
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(7) Submits samples for microbiological analysis at
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| twice the frequency specified in the Board regulations; and
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(8) A unit of local government seeking to exempt its
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| public water supply from the chlorination requirement under this subsection (b) on or after September 9, 1983 shall be required to receive the approval of the voters of such local government. The proposition to exempt the community water supply from the mandatory chlorination requirement shall be placed on the ballot if the governing body of the local government adopts an ordinance or resolution directing the clerk of the local government to place such question on the ballot. The clerk shall cause the election officials to place the proposition on the ballot at the next election at which such proposition may be voted upon if a certified copy of the adopted ordinance or resolution is filed in his office at least 90 days before such election. The proposition shall also be placed on the ballot if a petition containing the signatures of at least 10% of the eligible voters residing in the local government is filed with the clerk at least 90 days before the next election at which the proposition may be voted upon. The proposition shall be in substantially the following form:
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the community
water supply of ..... (specify YES
the unit of local government)
be exempt from the mandatory - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
chlorination requirement NO
of the State of Illinois?
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If the majority of the voters of the local government voting therein
vote in favor of the proposition, the community water supply of that local
government shall be exempt from the mandatory chlorination requirement,
provided that the other requirements under this subsection (b) are met.
If the majority of the vote is against such proposition, the community water
supply may not be exempt from the mandatory chlorination requirement.
Agency decisions regarding exemptions under this subsection may be appealed
to the Board pursuant to the provisions of Section 40(a) of this Act.
(c) Any supply showing contamination in its distribution system (including
finished water storage) may be required to chlorinate until the Agency has
determined that the source of contamination has been removed and all traces
of contamination in the distribution system have been eliminated. Standby
chlorination equipment may be required by the Agency if a supply otherwise
exempt from chlorination shows frequent or gross episodes of contamination.
(Source: P.A. 98-78, eff. 7-15-13.)
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(415 ILCS 5/17.1) (from Ch. 111 1/2, par. 1017.1)
Sec. 17.1.
(a) Every county or municipality which is served by a
community water supply well may prepare a groundwater protection needs
assessment. The county or municipality shall provide notice to the Agency
regarding the commencement of an assessment. Such assessment shall consist
of the following at a minimum:
(1) Evaluation of the adequacy of protection afforded |
| to resource groundwater by the minimum setback zone and, if applicable, the maximum setback zone;
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(2) Delineation, to the extent practicable, of the
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| recharge area outside of any applicable setback zones but contained within any area over which the county or municipality has jurisdiction or control;
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(3) Identification and location of potential primary
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| and potential secondary sources and potential routes within, and if appropriate, in proximity to the delineated recharge area for each such well;
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(4) Evaluation of the hazard associated with
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| identified potential primary and potential secondary sources and potential routes contained within the recharge area specified according to subparagraph (a)(2) of this Section, taking into account the characteristics of such potential sources and potential routes, the nature and efficacy of containment measures and devices in use, the attenuative qualities of site soils in relation to the substances involved, the proximity of potential sources and potential routes and the nature, rate of flow, direction of flow and proximity of the uppermost geologic formation containing groundwater utilized by the well;
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(5) Evaluation of the extent to which existing local
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| controls provide, either directly or indirectly, some measure of groundwater protection; and
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(6) Identification of practicable contingency
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| measures, including provision of alternative drinking water supplies, which could be implemented in the event of contamination of the water supply.
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(b) Upon completion of the groundwater protection needs assessment, the
county or municipality shall publish, in a newspaper of general circulation
within the county or municipality, notification of the completion of such
assessment and of the availability of such assessment for public
inspection. At a minimum, such assessment shall be available for
inspection and copying, at cost, by the general public during regular
business hours at the offices of such county or municipality. Information
within the groundwater protection needs assessment which is claimed to be
confidential, privileged or trade secret information shall be accorded
protection by the county or municipality pursuant to the Freedom of
Information Act, as amended. A copy of the assessment shall be filed by
the county or municipality with the Agency and any applicable regional
planning committee within 30 days of completion.
(c) If a county or municipality has not commenced to prepare a
groundwater protection needs assessment for a community water supply which
is investor owned, then said owner may notify the county or municipality in
writing of its intent to prepare such an assessment. The owner may
proceed with the preparation of an assessment unless the county or
municipality, within 30 days of the receipt of the written notice, responds
in writing that an assessment will be undertaken. Upon receipt of such a
written response, the owner shall not proceed for a period of 90 days.
After this period, the owner may proceed to prepare an assessment if the
county or municipality has not commenced such action. The owner shall
provide notice to the Agency regarding the commencement of an assessment.
An assessment which is prepared by such an owner shall be done in
accordance with the provisions of subsection (a) of this Section. Upon
completion of the assessment, the owner shall provide copies of such
assessment to the county or municipality, any applicable regional planning
committee and the Agency within 30 days.
(d) The Agency shall implement a survey program for community water
supply well sites. The survey program shall be organized on a priority
basis so as to efficiently and effectively address areas of protective
need. Each well site survey shall consist of the following at a minimum:
(1) Summary description of the geographic area within
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| a 1,000 foot radius around the wellhead;
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(2) Topographic or other map of suitable scale of
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| each well site denoting the location of the wellhead, the 1,000 foot radius around the wellhead, and the location of potential sources and potential routes of contamination within this zone;
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(3) A summary listing of each potential source or
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| potential route of contamination, including the name or identity and address of the facility, and a brief description of the nature of the facility; and
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(4) A general geologic profile of the 1,000 foot
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| radius around the wellhead, including depth and age of the well, construction of the casing, formations penetrated by the well and approximate thickness and extent of these formations.
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(e) Upon completion of a well site survey, the Agency shall provide the
county or municipality, any applicable regional planning committee and,
where applicable, the owner and operator of the
community water supply well, with a report which summarizes the results of the survey.
(f) Upon receipt of a notice of commencement of a groundwater protection
needs assessment from a county or municipality pursuant to subsection (a),
or from an owner of an investor owned community water supply pursuant to
subsection (c), the Agency may determine that a well site survey is not
necessary for that locale. If the county, municipality or other owner does
not complete the assessment in a timely manner, then the Agency shall
reconsider the need to conduct a survey.
(g) The Agency may issue an advisory of groundwater contamination hazard
to a county or municipality which has not prepared a groundwater protection
needs assessment and for which the Agency has conducted a well site survey.
Such advisory may only be issued where the Agency determines that existing
potential primary sources, potential secondary sources or potential routes
identified in the survey
represent a significant hazard to the public health or the environment.
The Agency shall publish notice of such advisory in a newspaper of general
circulation within the county or municipality and shall furnish a copy of
such advisory to any applicable regional planning committee.
(h) Any county or municipality subject to subsection (a) above, but
having a population of less than 25,000 or 5,000 persons, respectively, may
request, upon receipt of a well site survey report, the Agency to identify
those potential primary sources, potential secondary sources and potential routes which
represent a hazard to the continued availability of groundwaters for public
use, given the susceptibility of the groundwater recharge area to
contamination. Such Agency action may serve in lieu of the groundwater
protection needs assessment specified in subsection (a) of this Section.
The Agency shall also inform any applicable regional planning committee
regarding the findings made pursuant to this subsection.
(i) Upon request, the Agency and the Department of Natural Resources may
provide technical assistance to counties or municipalities in conducting
groundwater protection needs assessments.
(Source: P.A. 89-445, eff. 2-7-96.)
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(415 ILCS 5/17.2) (from Ch. 111 1/2, par. 1017.2)
Sec. 17.2.
(a) The Agency shall establish a regional groundwater protection
planning program. The Agency, in cooperation with the Department of Natural
Resources, shall designate priority groundwater protection planning regions.
Such designations shall take into account the location of recharge areas that
are identified and mapped by the Department of Natural Resources. Such
designations may not be made until at least 18 months after the effective date
of the Illinois Groundwater Protection Act or until the completion of the
mapping by the Department of Natural Resources, whichever event occurs
first.
(b) The Agency shall establish a regional planning committee for each
priority groundwater protection planning region. Such committee shall be
appointed by the Director and shall include representatives from the Agency
and other State agencies as appropriate, representatives from among the
counties and municipalities in the region, representatives from among the
owners or operators of public water supplies which use groundwater in the
region, and at least 3 members of the general public which have an interest
in groundwater protection. From among the non-State agency members, a
chairperson shall be selected by a majority vote. Members of a regional
planning committee shall serve for a term of 2 years.
(c) Each regional planning committee shall be responsible for the following:
(1) identification of and advocacy for |
| region-specific groundwater protection matters;
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(2) monitoring and reporting the progress made within
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| the region regarding implementation of protection for groundwaters;
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(3) maintaining a registry of instances where the
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| Agency has issued an advisory of groundwater contamination hazard within the region;
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(4) facilitating informational and educational
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| activities relating to groundwater protection within the region; and
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(5) recommending to the Agency whether there is a
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| need for regional protection pursuant to Section 17.3. Prior to making any such recommendation, the regional planning committee shall hold at least one public meeting at a location within the region. Such meeting may be held after not less than 30 days notice is provided, and shall provide an opportunity for public comment.
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(d) The Agency shall provide the regional planning committee with such
supporting services as are reasonable for the performance of its duties
with the exception of any review proceeding resulting from a decision made
by the Agency pursuant to subsection (b) of Section 17.3.
(Source: P.A. 89-445, eff. 2-7-96.)
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(415 ILCS 5/17.3) (from Ch. 111 1/2, par. 1017.3)
Sec. 17.3.
(a) The Agency may propose to the Board, pursuant to
Section 28, a regulation establishing the boundary for a regulated recharge
area if any of the following conditions exist:
(1) the Agency has previously issued one or more |
| advisories within the area;
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(2) the Agency determines that a completed
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| groundwater protection needs assessment demonstrates a need for regional protection; or
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(3) mapping completed by the Department of Natural
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| Resources identifies a recharge area for which protection is warranted.
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(b) The Agency shall propose to the Board, pursuant to Section 28, a
regulation establishing the boundary for a regulated recharge area if a
regional planning
committee files a petition requesting and justifying such action, unless the
Agency:
(1) determines that an equivalent proposal is already
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| pending before the Board and so notifies the petitioner within 60 days of the receipt of the petition; or
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(2) provides within 120 days a written explanation of
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| why such action is not otherwise warranted.
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Such action shall constitute a final determination of the Agency.
(c) At least 60 days prior to the filing of a proposal to establish the
boundary for a regulated
recharge area, the Agency shall notify in writing each affected
county, municipality, township, soil and water conservation district and
water district, and shall publish a notice of such intended action in a
newspaper of general circulation within the affected area.
(d) In proposing a boundary for a regulated recharge area under this
Section the Agency shall identify each community water supply well for
which protection up to 2500 feet will be provided by operation of the
regulations adopted by the Board under subsection (b) of Section 14.4
relative to existing activities within the proposed regulated recharge area.
(Source: P.A. 89-445, eff. 2-7-96.)
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(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 |
| and place designated by the Director or the Chairperson of the Council;
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(2) to consider appropriate means for long-term
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| financial support of water supply testing, and to make recommendations to the Agency regarding a preferred approach;
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(3) to review and evaluate the financial implications
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| of current and future federal requirements for monitoring of public water supplies;
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(4) to review and evaluate management and financial
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| 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;
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(5) to require an external audit as may be deemed
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| necessary by the Council; and
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(6) to conduct such other activities as may be deemed
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| appropriate by the Director.
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(Source: P.A. 97-220, eff. 7-28-11.)
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(415 ILCS 5/17.8)
Sec. 17.8. Environmental laboratory certification assessment.
(a) The Agency shall collect an annual
administrative assessment 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
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:
(1) For certification to conduct public water supply |
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(A) $1,000 per year for inorganic parameters; and
(B) $1,000 per year for organic parameters.
(2) For certification to conduct water pollution
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(A) $1,000 per year for inorganic parameters; and
(B) $1,000 per year for organic parameters.
(3) For certification to conduct analyses of solid or
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| liquid samples for hazardous or other waste parameters:
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(A) $1,000 per year for inorganic parameters; and
(B) $1,000 per year for organic parameters.
(4) An administrative assessment of $2,400 per year
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| from each laboratory requesting certification, provided that the administrative assessment shall be $3,900 if the laboratory was not certified at any time during the 6 months immediately preceding its application for certification.
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(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 and certification assessments shall be paid at the
time the laboratory
submits an application for certification or renewal of
certification. Assessments paid under this
Section may not be
refunded.
(c) The Agency 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 any municipal
government for certification to conduct public water supply
analyses. 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.
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, provided that all appointments made on or before December 31, 2012 shall end on December 31, 2012. Beginning on January 1, 2013, the Director shall appoint all members of the Committee for 6-year terms.
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 6 consecutive years. The
Committee shall select from its members a Chairperson and any other officers
that it deems necessary. The Committee shall meet at the call of the Chairperson or the Director. 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
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| submitted by the Agency pursuant to subsection (c) of this Section;
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(2) To review and evaluate the financial implications
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| of current and future State and federal requirements for certification of environmental laboratories;
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(3) To review and evaluate management and financial
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| audit reports relating to the certification program and to make recommendations regarding the Agency's efforts to implement alternative assessment schedules;
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(4) To consider appropriate means for long-term
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| financial support of the laboratory certification program and to make recommendations to the Agency regarding a preferred approach;
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(5) To provide technical review and evaluation of the
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| laboratory certification program;
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(6) To hold meetings at times and places designated
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| by the Director or the Chairperson of the Committee; and
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(7) To conduct any other activities as may be deemed
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| appropriate by the Director.
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(Source: P.A. 97-1081, eff. 8-24-12.)
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