TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 393
GUIDELINES FOR DETERMINATION OF
CONSTRUCT ONLY STATUS PURSUANT TO
35 ILL. ADM. CODE 309.202
Section
393.101 Introduction
393.102 Definitions
393.103 Requirements for Receipt of Construct Only Status
393.104 Limitations
AUTHORITY: Implementing Section 4(g) of the Environmental Protection Act
(Ill. Rev. Stat. 1981, ch. 11 1/2, par. 1004(g)) and 35 Ill. Adm. Code
309.202 and authorized by Section 39(a) of the Environmental Protection Act
(Ill. Rev. Stat. 1981, ch. 111 1/2, par. 1039(a)).
SOURCE: Filed March 3, 1977, effective March 13, 1977; codified at 7 Ill.
Reg. 8843.
Section 393.101 Introduction
This policy constitutes the guidelines used by the Agency for allowing the
construction of a sanitary sewer when the sewerage facilities intended to
receive such new wastes are presently unable to properly transport or treat
such new wastes. The issuance of a Construct Only Permit to the applicant
is a method for allowing the construction of a sanitary sewer which, due to
projected sewerage facilities' improvements, can become operational at a
time consistent with completion of sewerage facilities improvements.
Section 393.102 Definitions
For purposes of this Part 393:
"Agency" means the Illinois Environmental Protection Agency.
"Construct Only Status" is the receipt of a permit from the Agency
to construct, but not operate a sanitary sewer.
"Sewer Connection" means a sewer for which a construction permit
is required under 35 Ill. Adm. Code 309.202.
Section 393.103 Requirements for Receipt of Construct Only Status
a) Submission to the Agency of a completed permit application form
containing all required engineering documents, executed contracts
for improvements, and other necessary explanatory or supplementary
information to enable the Agency to evaluate the construction and
ultimate operation of the sanitary sewer or connection.
b) Submission to the Agency of the permit or statement from the owner
of the sewerage facility that construction or upgrading of the
sewerage facility will correct present deficiencies, will be
completed prior to the proposed completion date of the sanitary
sewer, and will provide sufficient facilities to handle the load
demands anticipated from the sanitary sewer seeking a Construct
Only Permit. To meet the requirements of this section, documents
including executed contracts by responsible authorities, and all
other agreements necessary for Agency assurance of the legal
commitment by the requisite authorities that the required sewerage
facilities' improvements will take place must be submitted to the
Agency.
c) The applicant shall satisfy the requirements of (a) and (b) above
by submission of the relevant information to:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Permit Section
2200 Churchill Road
Springfield, Illinois 62706
Section 393.104 Limitations
a) The applicant's receipt of a Construct Only Permit does not in any
way obligate the Agency to subsequently issue an Operating Permit
to the applicant. Failure of the sewerage facility to carry out
improvements to meet the demands of the applicant's waste load
shall bar Agency issuance of an Operating Permit.
b) Attempted transfer of the Construct Only Permit to any other
wastewater source shall revoke the Construct Only Permit by
operation of law.