ILLINOIS POLLUTION CONTROL BOARD

July

1,

1982

PROPOSAL FOR RULEMAKING

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FOR CHAPTER 6:

PUBLIC WATER SUPPLY

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R81-6

REGULATIONS OF THE

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R81-28

ILLINOIS POLLUTION CONTROL BOARD

)

Proposed Opinion.

Second Notice.

OPINION AND ORDER OF THE BOARD

(by I.

Goodman):

On March

4,

1982 the rules proposed

in this regulatory

matter, which also served to codify Chapter 6:

Public Water

Supplies, went to First Notice in accordance with Section 5.01(a)

of the Illinois Administrative Procedure Act and were published

in the Illinois Register, Volume

6,

Issue

#14 on April

2,

1982.

During First Notice only the Illinois Environmental Protection

Agency (Agency) submitted public comments.

Based on these com-

ments, the proposed rules are substantively amended as explained

below.

Typographical errors noted by the Agency and the Secretary

of State,

State Library Division, during its codification review

are also corrected in the proposal to be sent to Second Notice.

Pursuant to Agency comments Sections 601.102 and 601.105 of

Part 601 are amended and former Rule 103 deleted.

Initially

subpart

(b)

of Section 601.102, Applicability, delineated which

sections of this Chapter applied only to community water supplies.

Si..nce the sections listed therein already contain language to that

effect, subpart

(b)

is deleted as unnecessary and subparts

(a)

and

(c) combined into one paragraph.

The Agency also noted that

Chapter

6 no longer requires a repealer.

Former Rule 103,

Repeals,

provided for the transition from Department of Public Health rules

to Board regulations for public water supplies.

With the adoption

of Chapter

6 in November, 1974,

this transition is long past

and

the rule now unnecessary;

it is repealed

in its entirety.

The Agency requested that the definitions of public water

supply, community water supply and non—community water supply not

be deleted as proposed from Section 601.105 despite the fact that

they are statutorily defined.

The Agency argued that since

statutory mandates are included elsewhere in Chapter

6, these

definitions should be included for the same reason.

The statutory

mandate found at Section 601.101, General Requirements, makes

Chapter 6’s format consistent with that of Chapters

2 and 3,

but

more importantly it encompasses the purpose and intent of the

Chapter into an enforceable rule.

There

is no similar rationale

to reiterate these definitions within Chapter

6.

The Agency also

asked that the definitions for “dose equivalent,” “operational

testing,”

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2

“plan documents” and ‘safe” not be deleted from Chapter 6.

Only

the terms “dose equivalent” and “safe’ appear in Chapter 6, and

only the former

requires

tore

than

a dictionary or logical

definition; thorofore,

all but “done equivalent’ remain deleted.

The reference to the “Glossary Water

and

Wastewater Control

Znginesring,” formerly found at the introduction to Rule 104,

Definitions,

also remains deleted, since at best this

document

can

only

serve

as

a

guide

to

the

Board

and

others

when

interpreting

Chapter

6.

It

should

be

noted

that

the

definition

for

“confined

geological

formation”

is

amended.

As

proposed

by

the

Agency

and

in

First

Notice,

the

second

sentence

of

that

definition

was

ambiguous

and

inappropriate

as

a

definition

since

it

constituted

a

rule.

Section

605.105(b)

which

requires

monthly

sampling

of

the

raw

water

for

supplies

rompted from chlorination provides

the

specifid

rule

to

assure

that

these

formations

remain

free

from

contamination.

The

second

sentence

is

therefore

deleted.

In

Part

602,

Permits,

the

Agency

asked

that

the

requirement

that all construction work at a public water supply be done in

accordance

with

good

ongtnoering

practice

not

be

deleted from

Section

602.101,

forner

flule 201

o~Construction

Permits.

Although the

torn

“good

engineering

oractice’

is

subject

to

broad

interpr.3tation

ctnd

cnnpltanca

with

rAtch

requirement

likely

to

be

an

issue

of

fact

&n

?ny

‘yE

the

floarci’ s

adjudicatory

proceedings

with

or

without

the

nile,

the

requirement

is

retained

in

the

rules

proposed

for

Secotid

flotice.

The

Agency’s

principal

comment

questioned

the

authority

of

the Board to

proscrtke

a

Restricted

Status

program

in

Part

602.

The

Agency argwed

that

it

exclusively

has

the

authority

pursuant

to

Section

39

ot

tin Act

to

establish

such

a

program,

once

the

Board

has

required

that

a

poratt

be

obtained.

The

Doard

not

only

has

a

general

grant

of

regulatory

authority

in

Sections

5

and

27

of the Act,

but

£oction 17 authorizes the Board to adopt regu-

lations governing the construction, continuous operation,

changes

and

additions

to

public

inter supplies.

The present rules on

permitting are

prcninod

on

this

authority, and the proposed

rules on Restrictod Status are also.

Since placing a supply

on Restricted 3tatun affocts its ability to obtain permits to

construct additions or alterations, it is properly

within

the

Board’a

purview.

Purthornore, the

Agency

contended

that

the

only

inplicatLon of the lhatrictod Status program is prospccttve

notice

to

the

au~ply

that a pornit

application nay be denied,

and

that

it

is

the

actual permit denial that should be appealable

to

the

3oard.

Tic-waver, the Doard recognizes that such a program

has

broMer implications.

Potential development in the area

servicoa

or

to

!~t~

norv~ood

by the

supply

can be

affected

by

the

imposition

of

itostrictod

Status,

which

in

turn

may

affect

the

economic

ant

nc,tnd

onvironP!cntal

qrouth

of

the

community.

Since

the

effect

of

such

rules

ottoncis

!‘ayond

simply

permitting

public

water

supply

facilities,

it

is

necessary

that

the

Board

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3

authorize

the

Agency

to

conduct

such

a

program.

Once adopted,

Section 4(g) of the Act which mandates the Agency to conduct

those

permit

programs

“as

may be established by this Act or

regulations

adopted

thereunder”

provides

the

legal

basis

for

the

Restricted

Status

program.

The Agency argued that it requires the flexibility to repeal

this

program

should

it

become

financially or otherwise unable to

continue it.

The

Board, however, intends that the Chapter 6

permitting program now evolve to include a system which notifies

the supplies and persons serviced of the potential inadequacies

and violations of the supplies.

It is properly within the Board’s

authority to require such an aid to assure the continuous sanitary

quality, mineral quality, or adequacy of public water supplies

throughout the State.

The rules on Restricted Status remain

proposed

in Section 602.106.

The Agency did not request any clarification of Part 603,

Owners and Responsible Personnel.

After reevaluation by the

Board, however, the four rules contained therein are reworded and

reorganized into five rules.

This

is intended to make clear that

there are three initial requirements for each public water supply,

even before permitting and actual operation and maintenance is

considered.

Each supply must be organized and under the auspices

of an actual owner or organized body; each supply must retain a

certified operator or registered person in responsible charge;

and each supply must file and keep current forms with the Agency

identifying its ownership and responsible personnel.

The Agency offered no further substantive changes

in the

remaining Parts, but did propose additional clarifying language.

These amendments ~re included in the text sent to Second Notice.

On

June

22,

1982,

the

Board

was

notified

in

writing

by

the Department of Energy and Natural Resources that a negative

declaration of economic impact was approved by it and the Economic

and Technical Mvisory Committee on June 11, 1982.

With no

economic impact statement necessary and the Board’s review of the

proposed rules and First Notice comments completed,

Chapter

6 as

amended

and

codified

is

sent

to

Second

Notice.

IT

IS

SO

ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby

certify

that

the

above

Opinion

and

Order

was adopt~don the

I

‘~

day of

1982 by a

vote of

.S-O

ristan

L.

Mo.1

Illinois

Pollution

Board