ILLINOIS POLLUTION CONTROL BOARD

June 19, 2003

IN THE MATTER OF:

RADIONUCLIDE RESTRICTED STATUS,

AMENDMENTS TO 35 ILL. ADM. CODE

602.105, 602.106, 602.108, and 602.115

)

R03-21

(Rulemaking - Public Water Supply)

Proposed Rule. First Notice.

OPINION AND ORDER OF THE BOARD (by L.P. Padovan):

On April 7, 2003, the Board received a proposal from the Illinois Environmental

Protection Agency (IEPA) to amend the Board’s permitting rules for public water supplies

(PWS) at 35 Ill. Adm. Code 602. Today the Board adopts the proposal, with clarifying

amendments, for publication of first notice in the

Illinois Register

The first-notice proposal would extend the duration of a current exemption, allowing

IEPA to continue issuing construction and operating permits to qualifying PWS, though the

water supplies do not meet the radionuclide standards for drinking water. The proposed

exemption would be available to a PWS not meeting the drinking water standards

only if

there is

a court order or Compliance Commitment Agreement (CCA) binding the PWS to a specific

schedule for complying with the drinking water standards. The proposed exemption, like the

current exemption, would

not

exempt any PWS from meeting the radionuclide drinking water

standards.

The main change to IEPA’s original proposal is to add a “sunset” provision under which

the proposed exemption would expire on December 8, 2009. The current exemption ends by its

own terms on December 8, 2003. The Board expects to adopt final rules before the current

exemption expires.

In this opinion, the Board gives an overview of the first-notice proposal, describes this

rulemaking’s proceedings, provides background on the radionuclide standards and “restricted

status,” and addresses issues raised at hearing. The rule amendments as proposed for first notice

appear in the order following this opinion.

OVERVIEW OF FIRST-NOTICE PROPOSAL

Under the first-notice amendments to Sections 602.105 and 602.106, IEPA could

continue issuing permits to PWS that do not meet the final drinking water standards, called

Maximum Contaminant Levels (MCLs), for radionuclides (radium-226, radium-228, uranium,

and gross alpha particle activity). This would be allowed, however, only if the PWS is obligated

by enforceable court order or CCA to meet the MCLs pursuant to a specific schedule. For

example, IEPA could grant a construction permit to a qualifying PWS to build a water main

extension or modify its treatment plant, though the PWS does not meet a radionuclide MCL.

Tr.1 at 10-11.

The proposed exemption is from the ban on issuing permits to non-compliant PWS, not

from the drinking water standards. At the Board’s request, IEPA offered additional language to

its original proposal so that the proposed exemption would have a “sunset” date, which in the

first-notice proposal is December 8, 2009. Continuing the exemption from the permit ban should

have little or no effect on drinking water safety. Statement at 8-9; Tr.2 at 29-30. After two

public hearings and a public comment period, no opposition has been expressed to continuing the

exemption.

Without these amendments, approximately 50 PWS would have to individually petition

the Board for variance relief this year, at considerable cost to the water supplies and the State.

Tr.1 at 11. The amendments for first notice also include new certification requirements for

construction permit applications (Section 602.108) and new references to IEPA rules on design

criteria for PWS (Section 602.115).

PROCEDURAL HISTORY

The Board received IEPA’s rulemaking proposal, including IEPA’s statement of reasons,

on April 7, 2003, and accepted the proposal for hearing on April 17, 2003.

The Board held two

public hearings on the proposal, one in Springfield on May 8, 2003, and the other in Chicago on

May 15, 2003.

The following persons participated at hearing: Jerry Kuhn, Manager of the Permit

Section, Division of Public Water Supplies of IEPA; Michael Crumly, Manager of the Drinking

Water Compliance Unit, Compliance Assurance Section of IEPA; Joey Logan-Wilkey, Assistant

Counsel, Division of Legal Counsel of IEPA; Allen Persons, Director of Public Works for the

Village of Plainfield; David English, Water Utility Superintendent for the City of West Chicago;

Dennis Duffield, Director of Public Works and Utilities for the City of Joliet; and Roy Harsch,

principal in the law firm of Gardner, Carton, and Douglas on behalf of the City of Yorkville.

As required by Section 27(b) of the Environmental Protection Act (Act) (415 ILCS

5/27(b) (2002)), the Board made the Department of Commerce and Community Affairs’

(DCCA) decision not to conduct an economic impact study (EcIS) available to the public at least

20 days before hearing. In its April 17, 2003 letter, DCCA explained that it lacks the staff and

financial resources to perform an EcIS. No one testified about DCCA’s letter.

The Board hearing officer entered three exhibits into the record at hearing, all offered by

IEPA. The transcripts of the Springfield and Chicago hearings were received by the Board on

May 15 and 19, 2003, respectively, and promptly placed on the Board’s Web site at

www.ipcb.state.il.us.

The hearing officer set a deadline of June 6, 2003, for filing public

IEPA’s statement of reasons within its proposal is cited as “Statement at _.”

Hearing exhibits are cited as “Exh. at _.” The Springfield hearing transcript is cited as “Tr.1

comments to ensure the Board would have time to consider the comments before proceeding to

any first notice. The Board received one public comment, which IEPA filed.

Additional public

comments may be filed by anyone until the end of the minimum 45-day period that will start

upon first-notice publication of these proposed amendments in the

Illinois Register

BACKGROUND ON MCLs & “RESTRICTED STATUS”

Generally, radionuclides occur naturally in some deep bedrock aquifers and have

presented problems for many drinking water systems in Illinois, primarily in the northern one-

third of the State. Tr.2 at 22-23; Exh. 3. Under Section 17.6 of the Act (415 ILCS 5/17.6

(2002)), Illinois drinking water standards for radionuclides must be the same as the federal

standards known as MCLs. MCLs are adopted by the United States Environmental Protection

Agency (USEPA) to implement the federal Safe Drinking Water Act (42 U.S.C. § 300f

et seq

.).

Those standards, as codified in Board rules, are 5 pico curies per liter (pCi/L) for combined

radium (radium-226 and radium-228), 15 pCi/L for gross alpha particle activity, and 30

micrograms per liter (μg/L) for uranium.

See

35 Ill. Adm. Code 611.330. Compliance with

these standards is required effective December 8, 2003.

Under Board rules, IEPA generally cannot issue a construction or operating permit to a

PWS that is out of compliance with an MCL.

See

35 Ill. Adm. Code 602.105(a), 602.106(a).

Board rules require that the non-compliant PWS be placed on a “restricted status” list by IEPA.

“Restricted status” is an Illinois-only list of PWS banned from receiving construction permits.

See

35 Ill. Adm. Code 602.106(a), (b). Once on restricted status, the non-compliant PWS is

subject to the permit ban and accordingly cannot receive a permit to, for example, add service

connections, until the PWS complies with the MCL.

A PWS not meeting an MCL therefore could receive a permit only if it first demonstrated

to the Board that it was entitled to a variance (415 ILCS 5/35-38 (2002)) from the permit ban.

To receive the variance, a PWS would first have to prove, in an adjudicatory proceeding, that the

permit ban would impose an “arbitrary or unreasonable hardship” on the PWS.

See

415 ILCS

5/35(a) (2002)). From 1977 to 1997, the Board issued 134 such variances for 83 PWS exceeding

the existing radionuclide MCLs, which USEPA established in 1976. Tr.1 at 8; Statement at 3, 8.

The relief provided by variance was from the permit ban, not from the drinking water standards.

The Board in 1997 adopted a limited

regulatory

exemption that provided the same relief

without requiring a case-by-case variance demonstration and determination.

See

Amendments to

35 Ill. Adm. Code Subtitle F, R96-18 (May 1, 1997). The regulatory exemption (35 Ill. Adm.

Code 602.105(d), 602.106(d)) has been available to those PWS that did not meet the 1976 MCLs

but did meet USEPA’s 1991 interim radionuclide standards. The Board was “prompted to

provide such relief because of unusual delays in promulgating” the final federal radionuclide

standards. Statement at 2.

at _.” The Chicago hearing transcript is cited as “Tr.2 at _.”

IEPA’s public comment is cited as “PC 1 at _.”

As with variance relief, PWS availing themselves of the regulatory exemption were not

exempt from the 1976 drinking water MCLs, but rather from restricted status. The Board noted

at the time it adopted the exemption that almost no PWS in Illinois exceeded the 1991

radionuclide standards proposed by USEPA.

See

R96-18, slip op. at 6-7. The regulatory

exemption from restricted status was written to expire on the effective date of the final federal

radionuclide standards.

It was not until December 7, 2000, that USEPA adopted the final radionuclide standards.

USEPA retained the existing 1976 MCL of 5 pCi/L for combined radium (radium-226 and

radium-228), rejecting its 1991 proposed standard of 20 pCi/L for each of the two radium

isotopes. USEPA adopted final MCLs of 15pCi/L for gross alpha particle activity, and 30 μg/L

for uranium. Tr.1 at 8; Statement at 2-4. The Board’s 1997 regulatory exemption from the

permit ban expires on the effective date of these final MCLs—December 8, 2003.

The Board adopted USEPA’s final drinking water standards for radionuclides on

October 4, 2001, bringing into Board rule the December 8, 2003 compliance date.

See

SDWA

Update: USEPA Amendments (July 1, 2000 through December 31, 2000), R01-20 (Oct. 4,

2001). The Board also adopted rules providing special requirements for any petition for variance

or adjusted standard from the radionuclide MCLs.

See

35 Ill. Adm. Code 611.130.

DISCUSSION

The Board now addresses issues that arose at hearing.

No Relief from Obligation to Meet MCLs

The proposed amendments would

not

exempt any PWS from the requirement to meet the

drinking water standards for radionuclides. Instead, the proposed amendments would exempt

only qualifying PWS from the permit ban, allowing improvements and expansions to proceed

while the water system installs treatment for radionuclides or otherwise achieves MCL

compliance. To qualify for the exemption, the non-compliant PWS must be subject to an

enforceable schedule for complying with the MCLs. Tr.1 at 14; Tr.2 at 18-19, 32; Statement at

1-2, 6; PC 1 at 2.

Because only those PWS that have entered into CCAs or consent orders requiring date-

certain compliance with the radionuclide standards will qualify, and IEPA will continue to

enforce the radionuclide standards, the State of Illinois is not expected to lose its primary

enforcement responsibility under the federal Safe Drinking Water Act. Statement at 8-9.

Drinking Water Safety/Public Notification

Continuing the exemption from restricted status should have little or no impact on the

safety of the drinking water provided by qualifying PWS. Statement at 8-9; Tr.2 at 29-30. The

proposed exemption has no bearing on public notification requirements that apply to PWS. Each

non-compliant PWS is still required to notify its customers, every 90 days by direct mail, of its

failure to meet the MCL, the contaminant concentrations present in the water, health effects, and

the compliance steps being taken. Additionally, water systems may still be placed on restricted

status for noncompliance with any MCL for another contaminant. Tr.1 at 33-36; Tr.2 at 18-19.

Binding the PWS

A PWS that does not meet a final radionuclide standard on December 8, 2003, may avoid

restricted status

only if

the PWS is bound to comply with the final standard under either an

enforceable court order or a CCA with IEPA. Statement at 5-6. Under Section 31 of the Act

(415 ILCS 5/31 (2002)), a CCA is designed to bring an alleged violator into compliance without

IEPA referring the matter to the Attorney General’s Office (AGO) or a State’s Attorney for

enforcement.

IEPA makes clear in the record that the court order or CCA will provide a

date certain

for the PWS to comply with the MCLs, as well as

interim deadlines

for items such as evaluating

treatment options, awarding contracts, submitting permit applications, and starting construction.

Tr.1 at 16, 24-26; PC 1 at 2. The Board has modified IEPA’s proposal by making a specific

compliance schedule an

explicit

prerequisite.

See

proposed Sections 602.105(e) and 602.106(e).

Affected PWS

A total of 221 community water systems in Illinois have violated a radionuclide MCL.

Of the 221 systems, 119 have come into compliance by installing water treatment, blending high-

level radium water from deep wells with low-level radium water from shallow wells, inactivating

the water system, purchasing water, connecting to a new water system, abandoning contaminated

deep wells and drilling new wells, or any combination of these. Tr.1 at 9, 24.

In 2001, IEPA began contacting the PWS then exceeding the 5 pCi/L combined radium

MCL and the 15 pCi/L gross alpha MCL. Tr.1 at 8;Tr.2 at 13-14; Statement at 4-5. IEPA is

currently issuing a Violation Notice (VN) to each PWS that (1) is exceeding a radionuclide

standard and (2) has not signed a “Radionuclide Compliance Commitment” stating that the PWS

will comply by the December 8, 2003 deadline. After receiving the VN, the PWS has an

opportunity to enter a CCA, promising to comply by the deadline. Tr.1 at 8-9; PC 1 at 1.

If there is no agreement with the PWS to comply by the December 8, 2003 deadline,

IEPA states that it will refer the matter to the AGO for enforcement, though IEPA may refer

some of the smallest water systems to USEPA instead for enforcement. At that point, the PWS

would have an opportunity to enter into an enforceable court order, also known as a consent

order, which “requires compliance with the radionuclide rule by a date certain.” PC 1 at 1; Tr.1

at 9-10, 27, 30-31.

IEPA anticipates that approximately 50 PWS will fail to meet the December 8, 2003

deadline and will, by the end of this year, have been referred for enforcement. These PWS serve

populations ranging in size from 45 people (a subdivision) to over 106,000 people (City of

Joliet). Tr.1 at 9, 12; Tr.2 at 10; Exh. 3 (IEPA list of potential candidates for restricted status);

PC 1 at 1. As of May 2003, the AGO was negotiating consent orders with the City of Joliet, the

City of West Chicago, the Village of Elburn, and the City of Yorkville. Tr.1 at 12; Tr.2 at 28.

As of June 6, 2003, the State had entered into consent orders with two PWS. PC 1 at 1.

Economic Impact

Unless the Board amends the current restricted status exemption to extend beyond the

December 8, 2003 effective date of the final radionuclide standards, each non-compliant PWS,

whether or not it is bound by a compliance schedule, would need to petition the Board for an

individual variance to be able to receive IEPA permits. It is estimated that a single variance

proceeding would cost a PWS no less than $10,000 in legal fees alone, and that figure could go

up dramatically if a hearing is required due to a citizen objection to the petition. Tr.2 at 24-25.

Roy Harsch on behalf of the City of Yorkville testified that small water systems could not afford

to seek a variance. Tr.2 at 33.

The variance process is costly not only for water systems. Handling over 50 variance

petitions for relief from the permit ban would use up substantial Board and IEPA resources. Tr.1

at 12; Tr.2 at 30, 33; Statement at 5-7. Moreover, IEPA “anticipates that it would support such

variance requests for [PWS] that have an approved engineering plan and have committed to a

date for achieving compliance with the radionuclide rule.” Tr.1 at 11-12. Facing this year’s

MCL deadline, it is unnecessary to initiate and process a large number of variance petitions for

PWS that are or soon will be under a CCA or court-ordered compliance schedule. Tr.1 at 12;

Tr.2 at 30, 33; Statement at 5-7.

Timing

IEPA asks the Board to adopt the proposed amendments before the final MCLs become

effective,

i.e.

, by December 8 of this year, when the existing regulatory exemption from

restricted status expires. Statement at 1. Because the effective date of the MCLs is now known,

the Board proposes to amend the current exemption so that it refers expressly to the date

December 8, 2003.

See

proposed Sections 602.105(d) and 602.106(d). Additionally, the

proposed exemption states that it applies as of December 8, 2003.

This rulemaking proposal is not intended to

permanently

replace the variance process of

the Act when a PWS needs relief from restricted status, but rather to address this large set of

PWS unable to meet the fast-approaching radionuclide deadline. Tr.1 at 21-22. As IEPA stated

at hearing, the proposed amendments are “set up for existing supplies at this time, the 50

approximately more or less that we anticipate are going to be in noncompliance in December.”

Tr.1 at 20. Therefore, at the Board’s request, IEPA proposed adding a “sunset” date to the

proposed regulatory exemption. Exh. 2.

It will take PWS varying lengths of time to come into compliance with the radionuclide

MCLs. Some systems are expected to comply by next year, while others requiring major

modifications will take longer. Treatment usually requires construction permits, which are

unavailable to systems on restricted status. A sunset date of December 8, 2009, was chosen as

the outside date for MCL compliance, designed to allow all currently non-compliant PWS

enough time to come into compliance. The City of Joliet faces the longest compliance schedule.

Tr.1 at 15-18; Tr.2 at 8, 10-12, 19-21, 32-33; Exh. 3. Joliet is spending over $80 million to

improve its 14-well system by the end of 2008. Tr.2 at 28. The end of 2009, however, was

selected as the sunset to accommodate a year of quarterly sampling for Joliet’s compliance

demonstration. Tr.2 at 14-17.

Certification

IEPA also requests that the Board adopt amendments that would require each person

signing a construction permit application for a PWS to certify that the information in the

application is complete and accurate and that the text has not been altered from IEPA’s permit

application form or template. Statement at 7-9.

In calendar year 2002, IEPA issued over 2,500 construction permits. Tr.1 at 12. IEPA

has been asked many times if applicants may electronically transcribe the IEPA form so

applicants could generate applications by computer. Tr.1 at 12-13; Exh. 1 (construction permit

application form). IEPA wants to allow this convenience, but needs the certification to ensure

that the applicant has not altered the IEPA form. Tr.1 at 13. These amendments are reflected in

the first-notice proposal.

See

proposed Section 602.108.

References to IEPA Rules

Board rules authorize the Agency to adopt criteria for designing, operating, and

maintaining PWS facilities as necessary to ensure safe, adequate, and clean water. The provision

refers to these Agency criteria being in “published . . . Technical Policy Statements.” 35 Ill.

Adm. Code 602.115. At first-notice, this language is replaced with a reference to IEPA “rules”

because IEPA has promulgated rules setting forth the criteria (35 Ill. Adm. Code 651-654).

See

proposed Section 602.115.

CONCLUSION

What this first-notice proposal would

not

do is almost as important as what it will do.

PWS would

not

be relieved of their obligation to meet the radionuclide drinking water standards.

Non-compliant PWS would get relief

only

from the permit ban and

only

if they are bound to a

specific schedule by enforceable court order or CCA for meeting the drinking water standards.

This will allow the many PWS not currently meeting the MCLs for radionuclides to receive

permits without each PWS having to individually petition the Board for a variance.

The proposed exemption is tailored to the 50 or so PWS unable to meet this year’s

radionuclide compliance deadline. The exemption would in no way

permanently

replace the

variance process under the Act for PWS needing relief from restricted status. The exemption

therefore has an expiration date—December 8, 2009,

i.e.

, the estimated compliance date for the

PWS with the longest schedule for coming into compliance with the drinking water standards.

Some PWS will require construction permits to make changes that will enable them to

meet the drinking water standards. Many if not all non-compliant PWS will have the incentive

to become bound to a court-ordered or CCA compliance schedule so they will be able to come

within this exemption. Some PWS have already committed to schedules for meeting the

radionuclide MCLs.

ORDER

The Board proposes for first notice the following amendments to 35 Ill. Adm. Code 602

and directs the Clerk to file the proposed rules with the Secretary of State for publication in the

Illinois Register

. Proposed deletions to the current rules are stricken, and proposed additions to

the current rules are underlined.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 602

PERMITS

Section

602.101 Construction Permit

602.102 Operating Permit

602.103 Algicide Permit

602.104 Emergency Permit

602.105 Standards for Issuance

602.106 Restricted Status

602.107 Signatory Requirement for Permit Applications

602.108 Construction Permit Applications

602.109 Operating Permit Applications

602.110 Algicide Permits Applications

602.111 Application Forms and Additional Information

602.112 Filing and Final Action by Agency on Permit Application

602.113 Duration

602.114 Conditions

602.115 Design, Operation

and Maintenance Criteria

602.116 Requirement for As-Built Plans

602.117 Existence of Permit No Defense

602.118 Appeals from Conditions

602.119 Revocations

602.120 Limitations

Appendix: References to Former Rules

AUTHORITY: Implementing Section 17 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/17 and 27].

SOURCE: Filed with Secretary of State January 1, 1978; amended and codified at 6 Ill. Reg.

11497, effective September 14, 1982; amended at 8 Ill. Reg. 2157, effective February 7, 1984;

emergency amendment at 9 Ill. Reg. 13371, effective August 16, 1985, for a maximum of 150

days; amended at 10 Ill. Reg. 7337, effective April 22, 1986, amended in R96-18 at 21 Ill. Reg.

6562, effective May 8, 1997; amended in R03-21 at 27 Ill. Reg. _, effective _.

Section 602.105 Standards for Issuance

a) The Agency shall not grant any construction or operating permit required by this

Part unless Partunless 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 [415 ILCS 5].

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 Practice Act [225 ILCS 305], the Illinois Professional Engineering

Practice Act [225 ILCS 325], the Illinois Structural Engineering Licensing Act [225

ILCS 340], or any required combination thereof.

d) Until December 8, 2003the effective date of either a National Primary Drinking

Water Regulation for radium-226, radium-228, or gross alpha particle activity that

replaces the National Interim Primary Drinking Water Regulations for these

contaminants, adopted by USEPA on July 9, 1976, or the formal withdrawal of

the proposed National Primary Drinking Water Regulations for these

contaminants, as proposed by USEPA on July 18, 1991 (56 Fed. Reg. 33050), the

Agency shall not deny for the following reasons any construction or operating

permit required by this Part:

1) the radium-226 level is less than or equal to 20 pCi\L;

2) the radium-228 level is less than or equal to 20 pCi\L; or

3) the gross alpha particle activity level minus the radium-226 level is less

than or equal to 15 pCi\L.

e) From December 8, 2003, until December 8, 2009, the Agency may issue a

construction or operating permit to a public water supply that exceeds the

maximum contaminant level (MCL) for combined radium (radium-226 and radium-

228) of 5 pCi/L, the MCL for gross alpha particle activity of 15 pCi/L, or the MCL

for uranium of 30 μg/L (35 Ill. Adm. Code 611.330) if the supply is bound to

comply with the MCL pursuant to a specific schedule under:

1) A Compliance Commitment

Agreement executed pursuant to Section 31 of

the Act [415 ILCS 5/31]; or

2) An enforceable court order after referral by the Agency.

(Source: Amended at 27 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) 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.

d) Until December 8, 2003the effective date of either a National Primary Drinking

Water Regulation for radium-226, radium-228, or gross alpha particle activity that

replaces the National Interim Primary Drinking Water Regulations for these

contaminants, adopted by USEPA on July 9, 1976, or the formal withdrawal of

the proposed National Primary Drinking Water Regulations for these

contaminants, as proposed by USEPA on July 18, 1991 (56 Fed. Reg. 33050), the

Agency shall not place public water supplies on restricted status when:

1) the radium-226 level is less than or equal to 20 pCi\L;

2) the radium-228 level is less than or equal to 20 pCi\L; or

3) the gross alpha particle activity level minus the radium-226 level is less

than or equal to 15 pCi\L.

e) From December 8, 2003, until December 8, 2009, the Agency shall not place a

public water supply on restricted status for exceeding the maximum contaminant

level (MCL) for combined radium (radium-226 and radium-228) of 5 pCi/L, the

MCL for gross alpha particle activity of 15 pCi/L, or the MCL for uranium of 30

μg/L (35 Ill. Adm. Code 611.330) if the supply is bound to comply with the MCL

pursuant to a specific schedule under:

1) A Compliance Commitment

Agreement executed pursuant to Section 31 of

the Act [415 ILCS 5/31]; or

2) An enforceable court order after referral by the Agency.

(Source: Amended at 27 Ill. Reg. _, effective _)

Section 602.108 Construction Permit Applications

All applications for any construction permit required under this Chapter shall contain, where

appropriate, the following information and documents:

a) A summary of the design basis;

b) Operation requirements;

c) General Layout;

d) Detailed Plans;

e) Specifications;

f) A professional seal to satisfy Section 602.105 (c) requirements; and

g) Certification by each person signing the application that the information in the

application is complete and accurate, and that the text of the application has not

been changed from the Agency’s official construction permit application form; and

hg) Any other information required by the Agency for proper consideration of the

permit.

(Source: Amended at 27 Ill. Reg. _, effective _)

Section 602.115 Design, Operation, and Maintenance Criteria

a) The Agency may adopt criteria in rulespublished in the form of Technical Policy

Statements, for the design, operation, and maintenance of public water supply

facilities as necessary to insure safe, adequate, and clean water. These criteria shall

be revised from time to time to reflect current engineering judgment and advances

in the state of the art.

b) Before adopting new criteria or making substantive changes to any of its rules for

public water suppliesTechnical Policy Statements, the Agency shall comply with

the provisions of the Administrative Procedure Act [5 ILCS 100].

(Source: Amended at 27 Ill. Reg. _, effective _)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on June 19, 2003, by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board