TITLE 35: ENVIRONMENTAL PROTECTION

Anniversary date of the initial certification means the date of the laboratory’s last certification with the Agency pursuant to the laboratory certification program.
Section 185.204 Audit and Access to Records

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE A: GENERAL PROVISIONS

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY

PART 185

ENVIRONMENTAL LABORATORY CERTIFICATION FEE RULES

SUBPART A: GENERAL

Section

185.101

Purpose

185.102

Applicability

185.103

Definitions

185.104

Relation to Other Fee Systems and Out-of-State Certification and Reciprocity Agreements

185.105

Severability

SUBPART B: PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS

Section

185.201

Amount of the Assessments

185.202

Manner of Payment

185.203

Prohibition Against Refund

185.204

Audit and Access to Records

SUBPART C: PROCEDURES FOR PROCESSING APPLICATIONS

Section

185.301

Applications Containing the Entire Assessment

185.302

Applications Not Containing the Entire Assessment

AUTHORITY: Implementing and authorized by Section 17.8 of the Environmental Protection Act [415 ILCS 5/17.8] (see P.A. 89-0368, effective January 1, 1996).

SOURCE: Adopted at 20 Ill. Reg. 13359, effective September 24, 1996; amended at 36 Ill. Reg. 9776, effective July 1,2012.

SUBPART A: GENERAL

Section 185.101 Purpose

The purpose of this Part is to establish procedures for the determination and the collection of the annual administrative assessment and the annual laboratory certification assessments from environmental laboratories for public water supply analyses, water pollution analyses, and for hazardous and other waste parameters.

Section 185.102 Applicability

Except as provided otherwise in Subsection (b), this part applies to each environmental laboratory that submits an application for certification or for the renewal of certification for public water supply analyses, water pollution analyses, and for hazardous and other waste parameters.

No assessment for the certification of environmental laboratories shall be due under this Part from any department, agency, or unit of State government or municipal government that conducts analyses of samples from public water supplies.

Section 185.103 Definitions

Unless specified otherwise, all terms shall have the meaning set forth in the Act. 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.

Anniversary date of the initial certification means the date of the laboratory’s last certification with the Agency pursuant to the laboratory certification program.

Applicant means an environmental laboratory that applies for certification and determination of assessments for public water supply analyses, water pollution analyses, and for hazardous and other waste parameters pursuant to Section 17.8 of the Act.

Assessment or Fee means the assessment prescribed by Section 17.8 of the Act.

Inorganic Parameters means all parameters not included in organic parameters.

Organic Parameters means all parameters analyzed by all forms of gas chromatography and high pressure liquid chromatography (excluding ion chromatography).

Section 185.104 Relation to Other Fee Systems and Out-of-State Certification and Reciprocity Agreements

The assessments collected pursuant to this Part, and the assessment collection procedures set forth in this Part, are separate from, and in addition to, all other fees and fee systems established by law.

No assessments will be waived due to out-of-state certification or reciprocity agreements.

Section 185.105 Severability

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: PROCEDURES FOR DETERMINATION AND PAYMENT OF ASSESSMENTS

Section 185.201 Amount of the Assessments

The Agency, with the concurrence of the Environmental Laboratory Certification Committee, has established the following administrative assessment and certification assessment schedules in accordance with the procedures of Section 17.8(c) and (d-5) of the Act. This schedule shall remain in effect until an alternative schedule is established in accordance with those subsections.

Administrative Assessment Schedule. Each laboratory requesting any of the certifications in subsection (b) of this Section shall pay an annual administrative assessment of $2,400 per year, 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.

Annual Certification Assessment. In addition to the annual administrative assessment in subsection (a), each laboratory that requests certification shall pay the annual certification assessment for each certification requested based upon the following schedule:

For certification to conduct public water supply analyses:

$1,000 per year for inorganic parameters; and

$1,000 per year for organic parameters.

For certification to conduct water pollution analyses:

$1,000 per year for inorganic parameters; and

$1,000 per year for organic parameters.

For certification to conduct analyses of solid or liquid samples for hazardous or other waste parameters:

$1,000 per year for inorganic parameters; and

$1,000 per year for organic parameters.

The annual administrative assessment and the annual certification assessments shall be paid at the time the laboratory submits its application for certification or for renewal of certification.

(Source: Amended at 36 Ill. Reg. 9776, effective July 1, 2012)

Section 185.202 Manner of Payment

Payment of the assessment must be made by check or money order payable to: Treasurer, State of Illinois and shall be submitted with the certification application to:

Illinois Environmental Protection Agency

Division of Laboratories

2200 Churchhill Road

P.O. Box 19276

Springfield, Illinois 62794-9276

Section 185.203 Prohibition Against Refund

Any assessment remitted to the Agency under this Part shall not be refunded at any time for any reason, either in whole or in part.

Section 185.204 Audit and Access to Records

Each applicant for which an assessment is due under this Part shall preserve and maintain all records relating to this assessment for at least 5 years after the date that the application is received by the Agency.

The records described in subsection (a) shall be available to the Agency or its authorized representative (e.g., auditor, contractor) for examination during normal business hours.

SUBPART C: PROCEDURES FOR PROCESSING APPLICATIONS

Section 185.301 Applications Containing the Entire Assessment

Applications received by the Agency will be logged in and assigned a receipt date and number if the following conditions are met:

The application is complete in accordance with Section 17.8 of the Act and this Part; and

The entire assessment due under Section 185.201 of this Part is included with the application.

Section 185.302 Applications Not Containing the Entire Assessment

Applications not containing the entire assessment shall be considered incomplete and the Agency shall take the following actions in response to such application:

The Agency shall deposit any assessments submitted along with the application, and shall notify the applicant by certified mail of the assessment deficiency. Within 30 days the applicant must submit the balance of the assessment that is due.

If the entire assessment due is received by the Agency within 30 days after issuance of the notice under subsection (a), the Agency shall log in the receipt of the application and review it in accordance with Section 185.301 of this Part.