ILLINOIS POLLUTION CONTROL BOARD
    April 16,
    1987
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS TO
    )
    R85—14
    PUBLIC WATER SUPPLY
    )
    REGULATIONS,
    35
    ILL.,
    ADM,
    )
    CODE 602.105 AND 602.106
    )
    PROPOSED RULE.
    SECOND FIRST NOTICE.
    ORDER OF THE BOARD
    (by J. Anderson):
    This proceeding was initiated by the regulatory proposal
    filed by the Agency on June 13,
    1985,
    On the same day, the Board
    ordered first notice publication
    in the Illinois Register, which
    notice appeared at
    9
    Ill, Reg.
    10594.
    On August
    15,
    1985, after
    two public hearings,
    the Board adopted the proposal as emergency
    rules which expired January 11,
    1986.
    The Board
    is again directing first notice publication of
    this proposal,
    as required by the Administrative Procedures Act
    when
    a rule has not been adopted within one year of first notice
    publication,
    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),
    These amendments are the same amendments as
    proposed by the Agency and published
    in the prior first Notice,
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    F:
    PUBLIC WATER SUPPLIES
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    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, i98~1985,
    ch.
    111 1/2, pars.
    1001 et
    seq.)
    (Act),
    or of this Chapter.
    77-230
    b)
    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 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, i9&3
    1985,
    ch.
    111, pars,
    201 et seq.), the Illinois Professional Engineering Act (Ill.
    Rev,
    Stat,
    3~983 1985,
    ch. 111, pars, 5101 et seq.), the
    Illinois Structural Engineering Act (Ill. Rev. Stat.
    3983
    1985,
    ch.
    111,
    pars. 6501
    et seq.), or any required
    combination thereof.
    d)
    Until January
    1,
    1989,
    the Agency shall not deny to any
    applicant 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
    20 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 11
    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.
    77-231
    C)
    The Agency shall notify the owners or official custodians of
    supplies when the supply is initially placed on restricted
    status by the Agency.
    d)
    Until January
    1,
    1989,
    the Agency’s published list of
    supplies subject
    to 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 said parameters.
    (Source:
    Amended
    at 11
    Ill. Reg.
    _____
    effective
    ____________________
    IT IS SO ORDERED.
    J.
    D. Dumelle and B.
    Forcade dissented.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify th~.tthe above
    Order was adopted on
    the
    ~
    day of
    ___________________,
    1987 by
    a vote
    of -~,t-~
    /4
    4
    ~4
    7)~ /.~ZA~~?~’
    Dorothy M~Gunn,
    Clerk
    Illinois
    Pollution Control Board
    77-232

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