TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 174
DELEGATION OF CONSTRUCTION AND OPERATING PERMIT AUTHORITY
FOR SANITARY AND COMBINED SEWERS AND WATER MAIN EXTENSIONS
SUBPART A: INTRODUCTION
Section
174.101 Purpose
174.102 Definitions
SUBPART B: STANDARD CONDITIONS FOR SANITARY
AND COMBINED SEWER PERMIT DELEGATION
Section
174.201 Applicability
174.202 Technical Staff
174.203 Required Documents
174.204 Permit Requirements
174.205 Identification
174.206 Notice of Permits
174.207 Permit Forms
174.208 Permit for Ownership and Operation
174.209 Training
SUBPART C: STANDARD CONDITIONS FOR WATER
MAIN EXTENSION PERMIT DELEGATION
Section
174.301 Applicability
174.302 Technical Staff
174.303 Required Documents
174.304 Permit Requirements
174.305 Restricted Status or Critical Review
174.306 Identification
174.307 Permit Forms
174.308 Annual Reports
174.309 Routine Operation
174.310 Operating Permits
SUBPART D: APPLICATION AND AGREEMENT
Section
174.401 Application Requirements
174.402 Agreement
174.403 Amendments
174.404 Duration
174.405 Termination
SUBPART E: AGENCY REVIEW
Section
174.501 Agency Inspection
174.502 Appeals of Permits
AUTHORITY: Implementing and authorized by Section 4(g) of the
Environmental Protection Act (Ill. Rev. Stat., 1987, ch. 111 1/2, par.
1004(g)).
SOURCE: Adopted and codified at 7 Ill. Reg. 7300, effective May 27, 1983;
amended at 14 Ill. Reg. 4891, effective March 16, 1990.
SUBPART A: INTRODUCTION
Section 174.101 Purpose
These rules set forward the requirements and procedures for the delegation
of Agency authority to grant construction and operating permits for
sanitary and combined sewers, sewer system lift stations, and water main
extensions.
Section 174.102 Definitions
All definitions in 35 Ill. Adm. Code 301 and 601 apply to these rules.
SUBPART B: STANDARD CONDITIONS FOR SANITARY
AND COMBINED SEWER PERMIT DELEGATION
Section 174.201 Applicability
a) The Agency may enter into an agreement to delegate authority to
issue permits for sewers required under 35 Ill. Adm. Code 309.202,
309.203, and 309.205 with any unit of local government which holds
an National Pollution Discharge Emission System (NPDES) permit to
operate one or more wastewater treatment plants provided that the
entity submits an application which meets the requirements of
Section 174.401.
b) No delegation agreement shall include the power to issue the
following:
1) "construct only" permits as defined by the Agency's
Guidelines for Notification of Restricted Status or Critical
Review Pursuant to the Requirements of Rule 604 of Chapter 3,
WPC-4.
2) permits for the construction for facilities funded in whole
or in part by the Illinois Anti Pollution Bond Act, (Ill.
Rev. Stat. 1981, ch. 127 par. 451 et. seq.) or under Title 2
of the Clean Water Act, (33 U.S. C. 1251 et seq. (Supp
1980-1981)).
c) The requirements that follow shall constitute the standard
conditions of such an agreement. The Agency and the local unit of
government may agree to conditions in addition to these.
Section 174.202 Technical Staff
a) The applicant shall employ a qualified technical staff which
assures the permit application reviews are properly conducted and
permits are properly issued.
b) All technical staff involved in the review of applications and
issuance of permits shall be employed full time by the applicant.
Firms on retainer shall not be considered to be employed full
time.
c) There shall be one person from the technical staff that is in
responsible charge of the review of applications and issuance of
permits. This person shall be a registered Professional Engineer
of Illinois and shall have at least two years of experience in the
preparation or approval of plan documents for sanitary or combined
sewers in Illinois.
d) If the unit of local government prepares its own plan documents
for constructing sewer extensions or lift stations, there shall be
one person designated as being in responsible charge of the
preparation of those documents. This person shall be a registered
Professional Engineer of Illinois and shall have at least two
years experience in the preparation and approval of plan documents
for sanitary and combined sewers in Illinois. This person shall
not be the same person who is in responsible charge of the
issuance of permits.
Section 174.203 Required Documents
a) The applicant shall maintain the following documents and make them
available for Agency inspection at reasonable times in accordance
with Ill. Rev. Stat. 1981, Ch. 111 1/2, par. 1004(d).
b) The applicant shall adopt by ordinance and maintain standard
specifications for material and workmanship for the design and
construction of sewer lines, mains and appurtenances. These
standards shall be at least as stringent as Agency standards which
have been promulgated in the Agency's Recommended Standards for
Sewage Works and Design Criteria for Pressure Sewer Systems, 35
Ill. Adm. Code 374.
c) The applicant must maintain an atlas or other documentation of the
sewage collection and treatment system owned and operated by the
applicant which shows the items listed in Subsection (c)(1).
1) This shall show all known parts of the system including but
not limited to:
A) the location and names of all streets, stream crossings
and named water courses;
B) public water supply wells, treatment works, intake
structures and storage tanks;
C) sanitary sewers, combined sewers and storm sewers if
tributary to combined sewers, pumping stations, and
forcemains, indicating size of sanitary and combined
sewers, trunk sewers and interceptor sewers and capacity
of pumping stations;
D) on system overflow points;
E) sewage works, lagoons and on-system excess flow
treatment units;
F) subsurface disposal fields;
G) flood plains and storm water retention basins.
2) This documentation shall be provided with an index.
3) If the information required by Subsection 174.203(c)(1) is
not available at the time of the application, the applicant
shall develop updated documentation containing these
requirements when it applies for renewal.
Section 174.204 Permit Requirements
A unit of local government to which permitting authority is delegated shall
not grant permits under authority delegated by this agreement unless the
following conditions have been met:
a) Any permit issued shall be consistent with 35 Ill. Adm. Code
309.202, 309.203 and 309.205.
b) The design construction and installation of all sanitary combined
sewers covered by any permit issued shall be consistent with those
same Rules, with the current edition of the Illinois Recommended
Standards for Sewage Works, Standard Specifications for Water and
Sewer Main Construction, local standards and specifications and
with the Design Criteria for Pressure Sewer Systems, 35 Ill. Adm.
Code 374.
c) No permit shall be issued unless there is sufficient capacity in
the treatment and collection system to receive the flow. The
capacity shall be as determined by the Agency in accordance with
WPC-4.
d) No permit shall be issued for sanitary or combined sewers which
would be constructed or would serve an area outside the approved
Facilities Planning Area for the sewage collection system to which
they would directly discharge or would otherwise conflict with a
plan approved under Section 208(b) of the Clean Water Act.
e) Trustees of a land trust who apply for a permit relating to the
land which is the subject of the trust, must identify and define
the interest of each beneficiary as required by "An Act to
require disclosure, under certification of perjury, of all
beneficial interests in real property held in a land trust in
certain cases", (Ill. Rev. Stat. 1981 ch. 148, par. 72).
Section 174.205 Identification
For each construction and operating permit issued the unit of local
government shall identify the project by a unique log number and permit
number in a manner designated by the Agency as compatible with the Agency's
permitting system.
Section 174.206 Notice of Permits
The unit of local government shall notify the Agency monthly of all permit
applications under review and the issuance or denial of all permits by
submitting the information on a form approved by the Agency including the
log number, the date of final action, the name(s) of permittee(s) and the
permit number and by submitting copies of all permits issued and denials.
Section 174.207 Permit Forms
Permits shall be written on forms approved by the Agency.
Section 174.208 Permit for Ownership and Operation
a) Units of local government shall be deemed to have a permit for
ownership and operation of new construction providing the
following requirements are met:
1) Downstream facilities which provide sufficient capacity as
determined by the Agency in accordance with WPC-4 have been
constructed and are operational including the treatment
plant, and
2) All easements and dedications have been secured which are
necessary to provide the local unit of government permanent
access to the permitted facilities.
b) The permitting authority shall be responsible for assuring proper
operation and maintenance of all permitted projects immediately
when the project goes into service.
Section 174.209 Training
The Agency may provide initial assistance, training, and consultation to
employees of the unit of local government in organizing and managing the
permit system depending upon whether such assistance is requested and upon
the availability of Agency staff. Any training program shall be outlined
in the agreement.
SUBPART C: STANDARD CONDITIONS FOR WATER
MAIN EXTENSION PERMIT DELEGATION
Section 174.301 Applicability
a) The Agency may enter into an agreement to delegate authority to
issue permits required under 35 Ill. Adm. Code 602.101 and 602.102
for water main extensions with any unit of local government which
is the owner of official custodian of a public water supply,
provided that the entity submits an application which meets the
requirements of Section 174.401.
b) The requirements that follow shall constitute the minimum standard
conditions of such an agreement. The Agency and the local unit of
government may agree to additional conditions.
Section 174.302 Technical Staff
a) The applicant shall employ a qualified technical staff which
assures that permit application reviews are properly conducted and
that permits are properly issued.
b) Except as provided otherwise in subsection (d):
1) All technical staff involved in the review of applications
and issuance of permits must be employed full time by the
unit of local government.
2) Consultants on retainer will not be considered to be employed
full time.
C) Qualifications
1) There shall be one person from the technical staff who is in
responsible charge of the review of permit applications and
issuance of permits.
2) The person described in subsection (c)(1) shall be a
registered Professional Engineer in Illinois and shall have
at least two years of experience in the preparation of water
main plan documents for Illinois public water supplies.
d) Use of Consultants
1) The unit of local government may retain the services of a
full or part-time consultant to meet the requirements set
forth in subsection (c)(1) if the consultant meets the
qualifications set forth in subsection (c)(2).
2) If the unit of local government proposes to use a full or
part-time consultant in accordance with subsection (d)(1),
the unit of local government shall provide to the Agency a
copy of the contract between the unit of local government and
the consultant. The contract shall, at a minimum, require the
consultant to perform all technical services necessary to
obtain and retain delegated permit authority under Subparts
C, D, and E.
e) If the unit of local government prepares its own plan documents
for constructing water main extensions, there shall be at least
one person on the technical staff who is in responsible charge of
the preparation of these documents. This person shall be a
registered Professional Engineer in Illinois and shall have at
least two years of experience in the preparation of water main
plan document for Illinois public water supplies. This person
shall not be the same person designated in subsection (c). No
person shall issue a permit for water main construction designed
by or under their own supervision.
f) There shall be at least one certified public water supply operator
of the proper class on the technical staff to comply with
requirements of 35 Ill. Adm. Code 603.102.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.303 Required Documents
The applicant shall maintain the following documents and make them
available for Agency inspection at reasonable times in accordance with
Section 4(d) of the Act.
a) The applicant shall maintain standard specifications for water
main construction which require that all design, construction and
installation shall be in accordance with 35 Ill. Adm. Code:
Subtitle F, Chapters I and II.
b) The applicant shall maintain an atlas of the distribution system.
1) This shall show all parts of the system, including but not
limited to:
A) the location and names of all streets and bridges,
culverts and water courses;
B) the location and size of water mains, valves, hydrants
and other appurtenances;
C) wells and intake structures;
D) pump stations and water treatment plants;
E) any conditions or installations which may deleteriously
affect the public water supply distribution system.
2) The atlas shall contain an indexing system to allow for rapid
location of water mains. If it is not possible to prepare a
single sheet atlas, a sectionalized atlas may be used,
provided that an index sheet showing the location of the
various sections in relation to each other is provided.
3) The atlas may be maintained on microfiche, sectionalized if
desirable.
4) If the applicant possesses a sewer map or atlas it shall be
included as an addendum to the water main atlas.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.304 Permit Requirements
A local unit of government to which permit authority is delegated shall not
grant permits unless the following conditions have all been met:
a) Any permit issued must be consistent with Section 39 of the Act,
35 Ill. Adm. Code 602.101, 602.102 and 35 Ill. Adm. Code:
Subtitle F, Chapter II.
b) Plans prepared for each water main extension project shall bear
the professional seal of the person responsible for preparation of
the plan documents.
c) Trustees of a land trust who apply for a permit relating to the
land which is the subject of the trust, must identify and define
the interest of each beneficiary as required by Section 2 of "An
Act to require disclosure, under certification of perjury, of all
beneficial interests in real property held in a land trust in
certain cases", (Ill. Rev. Stat. 1987 ch. 148, par. 72).
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.305 Restricted Status or Critical Review
Public water supplies which are on the Restricted Status or Critical Review
List (35 Ill. Adm. 602.106, 652.401, or 652.402) are not eligible for
delegation.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.306 Identification
For each construction and operating permit issued, the unit of local
government shall identify the project by a unique project number and permit
number in a manner designated by the Agency as compatible with the Agency's
permitting system.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.307 Permit Forms
Permits shall be written on forms provided by the Agency.
Section 174.308 Annual Reports
By February 1 of each year, the unit of local government shall submit an
annual report containing the following:
a) Preliminary plans which indicate the location of anticipated water
main construction for the ensuing 12 months. This may be updated
to add or delete anticipated extensions by the public water supply
at any time;
b) Plan documents as described in 35 Ill. Adm. Code 652.104, 652.105,
652.106, and 652.107 for all water main extensions constructed in
the preceeding year along with the identification numbers, dates
of initial operation, reports of bacteriological analyses, length
and size of water main, and estimated population served by the new
main;
c) Reports of bacteriological analysis performed according to Section
174.309(a); and
d) A list of construction and operating permits issued.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.309 Routine Operation
a) Water samples shall be collected from the completed main in
accordance with 35 Ill. Adm. Code 652.203.
b) If there are changes in construction from the preliminary plans
described in Section 174.308 the Agency shall be notified of those
changes within 10 days after construction has begun.
c) If the construction shown in the as-built plans filed in the
annual report does not conform to the approved specifications or
35 Ill. Adm. Code: Subtitle F, Chapters I and II, corrections
shall be made consistent with those regulations.
d) The atlas is to be updated at least once every five years and a
copy sent to the Permit Section Manager, Division of Public Water
Supplies (DPWS).
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.310 Operating Permits
Public water supplies which have been delegated construction permit
authority by this Agency may also issue operating permits for new
construction provided the following requirements are met:
a) The newly installed water main is flushed to remove foreign
material introduced into the water main during construction and
chlorinated for disinfection purposes;
b) Bacteriological analyses are performed on a sufficient number of
representative water samples collected from the newly constructed
water main to demonstrate statisfactory disinfection; and
c) The water main is not placed into operation until such time as the
bacteriological analyses required in Subsection (b) indicates that
the water is safe for drinking.
SUBPART D: APPLICATION AND AGREEMENT
Section 174.401 Application Requirements
In order to enter into a delegation agreement, the applicant must submit a
letter requesting delegation and include:
a) A statement that the technical staff is in the full time employ of
the applicant or a copy of the contract between the consultant and
the unit of local government pursuant to Section 174.302(d);
b) The name, registration number, and qualifications of the person(s)
who will be responsible for
1) the issuance of the construction and operating permits, and,
2) if applicable, the preparation of plan documents;
c) A resolution by the governing body of the unit of local government
or existing ordinance authorizing the chief officer of the
applicant to designate persons to sign permits on behalf of the
applicant;
d) Standard specifications adopted by the unit of local government
for sewer or water main construction, whichever is applicable, at
least as stringent as Agency standards, or a certification that
the applicant has adopted such specifications by ordinance;
e) A certification that the applicant possesses an atlas or other
documents as required by Sections 174.203(c)(1) or 174.303(b);
f) Administrative Procedures
1) For sewer permits, those procedures that will be used to
process applications;
2) For water main extension permits, those procedures that will
be used to correlate permitted projects with corresponding
plan documents and bacteriological analysis report sheets;
g) Capacity Information
1) For sewer permit delegation, a certification that by issuance
of a construction permit the applicant acknowleges adequate
capacity in its wastewater collection system and at its
treatment plant as required by 35 Ill. Adm. Code 309.222(b).
2) For water main extension delegation, a report which provides
information as to raw and finished water production capacity,
average daily demand, peak monthly demand, peak day demand,
peak hour demand, number of service connections, population
served, and pressures in the distribution system.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.402 Agreement
a) If the Agency decides on the basis of the application that the
applicant has the capability to administer a permit program in
that it meets the requirements of Subparts B or C it will agree to
enter into a delegation agreement.
b) The Agency shall prepare the delegation agreement. This document
shall include the conditions set forward in these rules and any
other related conditions which the parties decide will further the
agreement.
c) This document shall not be effective until it has been signed,
first by an authorized representative of the unit of local
government, and then by the the Director of the Agency.
Section 174.403 Amendments
a) Either the Agency or the unit of local government may propose an
amendment to the agreement, which shall become effective when both
parties sign a document embodying the amendment, or at any other
later mutually agreeable date.
b) Changes to standard specifications for water main construction
shall be made by amending the delegation agreement.
Section 174.404 Duration
a) The delegation agreement shall be valid for a period not to exceed
five years.
b) If the unit of local government requests renewal of the agreement
it must file a full application at least six months before the
expiration date of the agreement.
c) If the Agency and the unit of local government decide to renew the
agreement, a new document shall be executed at least 90 days
before the expiration date of the previous agreement.
Section 174.405 Termination
Either party may terminate the delegation agreement by providing the other
party ninety days notice in writing.
SUBPART E: AGENCY REVIEW
Section 174.501 Agency Inspection
The Agency may inspect at all reasonable times in accordance with Section
4(d) of the Act all permit files held by the unit of local government
regarding issued permits or permit applications and plan documents and may
inspect the permitted facilities.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)
Section 174.502 Appeals of Permits
If a decision of the unit of local government regarding a permit issued or
denied under this Part is appealed pursuant to Section 40 of the Act, the
unit of local government shall appear as co-respondent in the action and,
in instances where the unit of local government has elected to retain the
services of a consultant in accordance with Section 174.302(d), the
consultant shall also appear.
(Source: Amended at 14 Ill. Reg. 4891, effective March 16, 1990)