TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 691 TESTING FEES FOR ANALYTICAL SERVICES

SUBPART A: GENERAL

Section

691.101

Purpose and Applicability

691.102

Definitions

691.103

Payment of Annual Testing Fee Required Prior to Laboratory Testing by the

Agency (Repealed)

691.104

Period of Program Participation

691.105

Nonparticipation in the Program

691.106

Relation to Other Fee Systems (Repealed)

691.107

Severability

SUBPART B: PROGRAM PARTICIPATION FEES

Section

691.200

Fee Payment

691.201

Calculation of Fee

691.202

Annual Testing Fee After Calendar Year 1990 (Repealed)

691.203

Determining the Number of Service Connections

SUBPART C: PROCEDURES FOR BILLING AND COLLECTING PROGRAM

PARTICIPATION FEES

Section

691.301

Billing Statements

691.302

Due Date of Payment

691.303

Form of Payment

691.304

Prohibition Against Refund (Repealed)

691.305

Overpayment or Underpayment of Program Participation Fee

691.306

Audit and Access to Records

SUBPART D: DISPUTE RESOLUTION PROCEDURES

Section

691.401

Council's Non-Concurrence With the Agency Fee Determination

691.403

Dispute Resolution

APPENDIX A

Agreement for Reduced Participation in Sample Analysis (Repealed)

AUTHORITY: Implementing and authorized by Section 17.7 of the Environmental Protection

Act [415 ILCS 5/17.7] (see Public Act 88-488, effective September 10, 1993).

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SOURCE: Adopted at 14 Ill. Reg. 2045, effective January 18, 1990; amended at 19 Ill. Reg.

12648, effective August 24, 1995.

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 is a participant in the Agency's drinking water analysis program unless it

declares its intent to not participate, as authorized by Section 691.105(c) of this

Part.

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

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 3.05 of the Act)

"Council" means the Community Water Supply Testing Council established by

Section 17.7(g) 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

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does not declare its intent to not participate, in accordance with Section

691.105(c), 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 U.S.C. 300 f).

"Parent community water supply" or "Parent supply" is a community water supply

that uses or sells potable water derived from its own sources or receives only a

portion of its potable water from other potable water sources.

"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 3.28

of the Act)

"Purchasing community water supply" or "Purchasing supply" is a community

water supply that purchases or receives its potable water entirely from another

potable water source.

"Service connection" means the opening, including all fittings and appurtenances

at the water main through which water is supplied to the user.

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

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, each community water supply shall participate in the

program for a 3-year period commencing July 1, 1995, and for additional 3-year periods

thereafter. Any community water supply entering the program after the commencement of a 3-

year period will be assigned a period of participation designed to expire at the end of the current

3-year cycle.

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

Section 691.105 Nonparticipation in the Program

a)

In January of the year in which the 3-year program period commences, the

Agency will notify each community water supply of the supply's option to not

participate in the Program and to have its drinking water analyses performed by a

certified laboratory operated by an entity other than the Agency. Each year, the

Agency will inform the community water supply of the fee for program

participation that has been determined for that community water supply as

provided in Subpart B of this Part.

b)

Any community water supply may indicate its intention to not participate in the

Program by notifying the Agency, using the form provided by the Agency, within

45 days after issuance of the notice.

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).

d)

If the community water supply declares its nonparticipation in the program or

fails to pay the required fees, the Agency shall not perform any laboratory testing

for the supply during the program participation period unless the services are

otherwise paid for, except that the Agency has the duty under Section 4(p) of the

Act to analyze samples from such community water supplies only for:

1)

Up to six total coliform samples per sampling period as required under

Section 4(p) of the Act; and

2)

Contaminants for which a maximum allowable concentration in finished

drinking water has been established by Board regulation in 35 Ill. Adm.

Code, Subtitle F prior to January 1, 1988.

e)

Community water supplies that choose not to participate in the 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 enactment of

the federal Safe Drinking Water Act Amendments of 1986.

(Section 17.7 of the

Act).

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

Section 691.106 Relation to Other Fee Systems (Repealed)

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

Section 691.107 Severability

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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 testing 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: Added at 19 Ill. Reg. 12648, effective August 24, 1995)

Section 691.201 Calculation of Fee

a)

The Agency, with the concurrence of the Council, shall determine the fee for

participating in the Program pursuant to Section 17.7 of the Act. The fee

determination shall be based upon actual and anticipated costs for testing and the

associated administrative costs of the Agency and the Council.

b)

By October 1 of each year, the Agency shall submit its fee determination and

supporting documentation for the forthcoming

calendar

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 take effect.

(Section 17.7 of the Act)

c)

In determining the fees, the Agency and the Council shall consider, but are not

limited to, the following criteria:

1)

number of service connections of the community water supply (see

Section 691.203);

2)

maximum and minimum testing fees for all community water supplies;

3)

single or multiple payment plans for annual or multi-year fees; and

4)

testing requirement differences among community water supplies based on

considerations including but not limited to the following:

A)

the potable water is derived from a groundwater or surface water

source;

B)

the community water supply is a parent or purchasing supply; or

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C)

the differences in required analytical services.

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

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

a)

For purposes of determining the testing fee under Sections 691.201, the

community water supply shall include only those service connections for which

the community water supply is:

1)

Directly metering or collecting revenue; or

2)

Otherwise providing delivery of potable water.

b)

When finished water is sold to another community water supply, the selling

community water supply shall not include the service connections of the

purchasing community water supply for purposes of calculating the testing fee

under Sections 691.201. The purchasing community water supply shall include

its service connections for purposes of calculating the testing fee under Sections

691.201.

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

SUBPART C: PROCEDURES FOR BILLING AND COLLECTING PROGRAM

PARTICIPATION FEES

Section 691.301 Billing Statements

The Agency shall send a billing statement for the testing fee to each community water supply in

January of each calendar year.

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

Section 691.302 Due Date of Payment

The due date of payment shall be 45 days after issuance of the billing statement to the

community water supply.

Section 691.303 Form of Payment

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a)

Payment must be by check or money order payable to "Treasurer, State of

Illinois" and shall 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)

Payment and all supporting documentation must be mailed together in a single

package to:

Illinois Environmental Protection Agency

Data Entry and Cash Receipts Unit

Fiscal Services Section

P.O. Box 19276

Springfield, Illinois 62794-9276

c)

Payment shall not include any fees due to the Agency for any purpose other than

participation in the Program.

d)

Any testing fee remitted to the Agency shall not be refunded at any time or for

any reason, either in whole or in part.

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

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

a)

Each community water supply participating in the Program shall preserve and

maintain all records relating to the number of service connections used in

calculating the fee for at least 5 years after the close of the participation.

b)

The records described in subsection (a) shall be available to the Agency or its

authorized representative for examination during normal business hours.

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

SUBPART D: DISPUTE RESOLUTION PROCEDURES

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

If the Council does not concur with the Agency fee determination by January 1 of the calendar

year in which the testing fee was intended to be effective or if the Agency and the Council do not

agree on any other issue related to the testing fee program by January 1 of the same calendar

year, the Agency and the Council shall make every effort to resolve the dispute in question

within the time frame established in Section 691.403 below.

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

Section 691.403 Dispute Resolution

a)

If the Agency and the Council cannot agree on issues related to the program, the

Council shall initiate procedures for an external audit of the program.

b)

The results of the external audit, including the recommendation, shall serve as the

basis for Agency and Council deliberations regarding the issue in dispute.

c)

If the conclusions of the external audit will not be completed by January 1 of the

calendar year in which the testing fee was intended to take effect, the Agency

shall issue billing statements to community water supplies in amounts that are

derived from the Agency fee determination.

d)

If the Agency and the Council deliberations conclude that, based upon the

external audit, the fee should be different from the Agency fee determination

amount, the Agency shall make the necessary adjustments in the subsequent fiscal

year's Agency fee determination amount.

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

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

(Repealed)

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