ILLINOIS POLLUTION CONTROL

BOARD

June

13, 1985

IN THE MATTER

OF:

)

)

PROPOSED

AMENDMENTS

TO

)

R85—14

PUBLIC WATER

SUPPLY

)

REGULATIONS,

35

ILL. ADM,

CODE 602.105

AND 602.106

)

PROPOSED RULE,

FIRST NOTICE.

AGENCY

PROPOSAL.

ORDER OF THE

BOARD

(by 3. Anderson):

This proposal

for

regulatory

change

was filed on June

13,

1985 by the

Illinois

Environmental

Protection Agency (Agency).

The proposal

is

filed

in

conjunction

with problems and concerns

articulated

by the Board

and

the

Agency,

as discussed at length

in the Board’s

Orders of April 18,

1985

and June

5, 1985

in

POD 85—40

and

POD 85—42,

~

ha

oLHannaCitv,IEPA

and

Vi11a~~9fGardner v.IEPA.

The

effect of the Agency proposal

is

to allow

its

continued issuance of

permits for water main

extensions

to public

water

supplies whose finished drinking water

exceeds federal and

state

standards for radiological quality and

for fluoride because

of the

nature

of the supply’s water

source,

provided that the

exceedance

falls within the limits stated in

the proposal.

The Board

has not evaluated the

merits of this proposal.

The Board

is

authorizing

first notice

publication of this

proposal “as

is~in the interests

of expediting public debate

concerning

its

merits,

Hearings will be

scheduled a~

expeditiously

as

is possible.

The

Clerk

of the Board

is directed to

cause

first notice

publication

in the Illinois Register

of

the following amendments

to

35 Ill,

Adm,

Code 602.105 and 602,106

(new language

is underlined):

Section 602.105

Standards for

Issuance

a)

Except

as provided in Section 602.105(d),

the Agency shall

not grant

any construction or operating

permit required by

this Part

unless

the applicant submits

adequate proof

that

the public

water supply will

be

constructed, modified or

operated

so as not to cause

a violation

of the Environmental

Protection

Act

(Ill,

Rev,

Stat,

1981,

ch, 111 1/2,

pars.

1001 et seq.)

(Act),

or of this Chapter.

b)

The Agency

shall not grant any

construction or operating

permit

required by this Part

unless

the applicant submits

~4~441

---

—2—

adequate proof that the public water

supply facility

conforms

to the design criteria promulgated by the Agency

under Section

39(a)

of

the Act or Section 602.115 or

is

based on such other criteria which the applicant proves will

produce consistently satisfactory results.

c)

The Agency shall not grant any construction permit required

by this Part unless

the applicant submits proof that any

plan documents required by this Section and Section 602.108

have been prepared by a person qualified under

the Illinois

Architecture Act

(Ill.

Rev,

Stat, 1981,

ch,

ill, pars.

1201

et seq.),

the Illinois Professional Engineering Act

(Ill.

Rev.

Stat. 1981,

ch. lii, pars.

5101 et seq.), the Illinois

Structural Engineering Act (Ill.

Rev. Stat. 1981,

ch.

111,

pars.

6501 et seq.),

or any required combination

thereof.

a)

Until January 1,

1989,

the Agency shall not deny to any

~p~licant any construction or operating permit required by

this Part for

the following reasons:

1)

the public water supply having

a fluoride concentration

less than or equal

to

4 mg/i;

or

2)

the public water supply having a combined radium 226

and radium 228 concentration less than or equal to~0

pCi/l;

or

3)

the public water supply having gross

alpha particle

activity (including radium 226,

but excluding radon and

uranium) concentration less than or equal

to

60 pCi/i.

(Source:

Amended at

Ill. Reg.

effective

___________________

Section 602.106

Restricted Status

a)

Restricted status shall be defined as the Agency

determination, pursuant to Section 39(a)

of the Act and

Section 602.105,

that a public water supply facility may no

longer be

issued a construction permit without causing a

violation of the Act or

this Chapter.

b)

Except as provided

in Section 602.106(d),

the Agency shall

publish and make available to the public,

at intervals of

not more than six months,

a comprehensive and, up—to—date

list of

supplies subject to

restrictive status

and the

reasons why.

c)

The Agency shall notify the owners or official

custodians of

supplies when the supply

is initially placed on restricted

status by the Agency.

64-442

---

—3—

d)

Until January 1,

1989,

the Agency’s published list of

supplies s~ibjectto restricted

status shall not include

supplies whose only violations

are within

the parameters

stated

in Section 602.105(d),

nor shall said published list

include violations which

fall within saiç~~arametèrs.

(Sources

Added

at

Ill.

Reg.

_____

effective

___________________

IT

IS SO ORDERED.

B.Forcade dissented.

I, Dorothy

M.

Gunn, Clerk of

the Illinois Pollution Control

Board hereby certify that the above Order was adopted on

the

/fcT~

day of

_____________,

1985 by a vote

of

c,—/

DorothyM. ‘t~unn, Clerk

Illinois Pollution

ContrQ.

Board